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Home My WebLink About2023-04-20 PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, April 20, 2023 at 6:00 PM MINUTES ROLL-CALL ATTENDANCE PRESENT Commissioner Nathan Wheeler Commissioner Enrique Rivera Commissioner Mandi Stoddard Commissioner Jared Smith Commissioner Andrew Seal ABSENT Commissioner Maria Lorcher Commissioner Patrick Grace ADOPTION OF AGENDA Adopted Motion to approve made by Commissioner Wheeler, Seconded by Commissioner Rivera. Voting Yea: Commissioner Wheeler, Commissioner Rivera, Commissioner Stoddard, Commissioner Smith, Commissioner Seal CONSENT AGENDA \[Action Item\] Approved 1. Approve Minutes of the April 6, 2023 Planning and Zoning Commission Meeting Motion to approve made by Commissioner Wheeler, Seconded by Commissioner Smith. Voting Yea: Commissioner Wheeler, Commissioner Rivera, Commissioner Stoddard, Commissioner Smith, Commissioner Seal ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] ACTION ITEMS 2. Public Hearing for Fairview Apartments (H-2023-0001) by Pivot North Architecture, located at 1005 E. Fairview Ave. Approved Continuance to June 15, 2023 A. Request: Conditional Use Permit for a multi-family development consisting of 150 apartment units on 8.25 acres of land in the C-G zoning district. Motion to continue to June 15, 2023 made by Commissioner Wheeler, Seconded by Commissioner Smith. Voting Yea: Commissioner Wheeler, Commissioner Rivera, Commissioner Stoddard, Commissioner Smith, Commissioner Seal 3. Public Hearing for Ringneck Place Subdivision (H-2023-0009) by RiveRidge Engineering Company, located at 2315 E. Ustick (Parcel No. S1105212448) and (Parcel No. S1105212449) Approved Continuance to May 18, 2023 A. Request: Annexation of 1.73 acres of land with an R-8 zoning district. B. Request: Preliminary Plat consisting of 9 residential single-family attached building lots and 2 common lots. Motion to continue to May 18, 2023, made by Commissioner Rivera, Seconded by Commissioner Wheeler. Voting Yea: Commissioner Wheeler, Commissioner Rivera, Commissioner Stoddard, Commissioner Smith, Commissioner Seal 4. Public Hearing for Promenade Cottages Subdivision (H-2022-0013) by Steve Arnold, A-Team Consultants, located at 403 E. Fairview Ave. Recommend Approval to City Council. Tentatively scheduled for May 23, 2023 A. Request: Rezone approximately 6.819 and 0.326 acres of land from the R-8 and C-G zoning districts to the R-40 (6.61 acres) and C-G (0.535 acres) zoning districts. B. Request: Preliminary Plat consisting of 30 single-family residential lots, 5 multi-family lots, 2 commercial lots and 8 common lots on 7.64 acres of land in the requested R-40 and C-G zoning districts. C. Request: Conditional Use Permit to construct a 90-unit, multi-family development on approximately 2.8 acres in the requested R-40 zoning district. D. Request: Conditional Use Permit to construct single-family, detached dwellings on the 10 of the 30 single-family residential lots in the requested R- 40 zoning district. E. Request: Conditional Use Permit to allow the existing, non-conforming parking, landscaping and mobile home park to remain as is for an extended period of time in the C-G and requested R-40 zoning districts. Motion to recommend approval to City Council made by Commissioner Wheeler, Seconded by Commissioner Stoddard. Voting Yea: Commissioner Wheeler, Commissioner Rivera, Commissioner Stoddard, Commissioner Smith, Commissioner Seal 5. Public Hearing for Noodles and Company at Ten Mile (H-2022-0087) by Chipman Design Architecture, Inc., located at 3103 W. Milano Dr., near the northeast corner of N. Ten Mile Rd and W. McMillan Rd. Approved A. Request: Conditional Use Permit for a new approximate 2,200 square foot quick serve restaurant with a drive-through, located within 300 feet of an existing drive-through facility, residential district and existing residence. Motion to approve made by Commissioner Smith, Seconded by Commissioner Rivera. Voting Yea: Commissioner Wheeler, Commissioner Rivera, Commissioner Stoddard, Commissioner Smith, Commissioner Seal ADJOURNMENT 7:25 P.M. Meridian Planning and Zoning Meeting April 20, 2023. Meeting of the Meridian Planning and Zoning Commission of April 20, 2023, was called to order at 6:00 p.m. by Chairman Andrew Seal. Members Present: Chairman Andrew Seal, Commissioner Nate Wheeler, Commissioner Mandi Stoddard, Commissioner Enrique Rivera and Commissioner Jared Smith. Members Absent: Commissioner Maria Lorcher and Commissioner Patrick Grace. Others Present: Joy Hall, Kurt Starman, Bill Parsons, Sonya Allen, Stacy Hersh and Dean Willis. ROLL-CALL ATTENDANCE X_ Nate Wheeler Maria Lorcher X_ Mandi Stoddard Patrick Grace X_ Enrique Rivera X Jared Smith X Andrew Seal - Chairman Seal: All right. Good evening. Welcome to the Planning and Zoning Commission meeting for April 20th, 2023. At this time I would like to call the meeting to order. The Commissioners who are present for this evening -- evening's meeting are at City Hall and on Zoom. We also have staff from the City Attorney and Clerk's offices, as well as the City Planning Department. If you are joining on Zoom this evening we can see that you are here. You may observe the meeting, however, your ability to be seen on screen and talk will be muted. During the public testimony portion -- portion of the meeting you will be unmuted and, then, be able to comment. Please note that we cannot take questions until the public testimony portion. If you have a process question during the meeting, please, e-mail cityclerk@meridiancity.org and they will reply as quickly as possible. With that let's begin with roll call. Madam Clerk. ADOPTION OF AGENDA Seal: All right. Thank you very much. So, the first item on the agenda is the adoption of the agenda. We have Fairview Apartments, Application No H-2023-0001 and Ringneck Place Subdivision, Application H-2023-0009, will be open for the sole purpose of continuing to a regularly scheduled meeting. They will be opened for that purpose only. So, we will not be taking testify -- or we will not be taking testimony on those applications this evening. Can I get a motion to adopt -- I will get there tonight. Can I -- can I get a motion to adopt the agenda as amended? Wheeler: So moved. Rivera: Second. Seal: It's been moved and seconded to adopt the agenda. All in favor, please, say aye. Meridian Planning&Zoning Commission April 20,2023 Page 2 of 30 No nays. Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the April 6, 2023 Planning and Zoning Commission Meeting Seal: Next item on the agenda is the Consent Agenda and we have one item on the Consent Agenda, which is to approve the minutes of the April 6, 2023, Planning and Zoning Commission meeting. Can I get a motion to accept the Consent Agenda as presented? Wheeler: So moved. Smith: Second. Seal: It's been moved and seconded to adopt the Consent Agenda. All in favor say aye. No nays. Motion passes. MOTION CARRIED: FIVE AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Seal: All right. At this time I would like to briefly explain the public hearing process. We will open each item individually and begin with the staff report. Staff will report their findings on how the item adheres to the Comprehensive Plan and Unified -- Unified Development Code. After staff has made their presentation the applicant will come forward to present their case and respond to staff comments. They will have 15 minutes to do so. After the applicant has finished we will open the floor to public testimony. Each person will be called on only once during the public testimony. The clerk will call the names individually of those who have signed up on our website or in the back to testify in advance. You will, then, be unmuted in Zoom or you can come to the microphones in Chambers. Please state your name and address for the record and you will have three minutes to address the Commission. If you have previously sent pictures or a presentation for the meeting it will be displayed on the screen and you can run the presentation from the pulpit up here. If you have established that you are speaking on behalf of a larger group, like an HOA, where others from that group will allow you to speak on their behalf you will have up to ten minutes. After all those who have signed up in advance have spoken we will invite any others who may wish to testify. If you wish to speak on the topic you may come forward in Chambers or if in Zoom please press the raise hand button in the -- in the Zoom app. Or if you are only listening on a phone, please, press star nine and wait for your name to be called. If you are listening on multiple devices, such as a computer and a phone, please, be sure to mute the extra devices so that we do not experience feedback. We can hear you clearly. When you are finished if Meridian Planning&Zoning Commission April 20,2023 Page 3 of 30 the Commission does not have any questions for you you will return to your seat in Chambers or be muted in Zoom. You will no longer have the ability to speak. And please remember we generally do not call you back up. After all testimony has been heard the applicant will be given another ten minutes to come up and -- and respond. When the applicant is finished responding to questions and concerns we will close the public hearing and the Commissioners will have the opportunity to discuss and hopefully be able to make final decisions or recommendations to City Council as needed. ACTION ITEMS 2. Public Hearing for Fairview Apartments (H-2023-0001) by Pivot North Architecture, located at 1005 E. Fairview Ave. A. Request: Conditional Use Permit for a multi-family development consisting of 150 apartment units on 8.25 acres of land in the C-G zoning district. Seal: So, at this time I would like to open public hearing Item H-2023-0001 , Fairview Apartments, for continuation to June 15th. I will take a motion on that. Wheeler: Yes. So moved. Seal: Some -- okay. Wheeler: Do you want us to go ahead and make an official motion on that? Seal: Yeah. I didn't make it into a motion, so -- Wheeler: Oh, you did not. Okay. All right. Yeah. So, Mr. Chair, I would like to make a motion that Item No. H-2023-0001 is moved to the hearing date of -- Seal: June 15th. Wheeler: -- June 15th. Smith: Second. Seal: Okay. It's been moved and seconded to continue Item No. H-2023-0001 to June 15th. All in favor please say aye. Motion passes. MOTION CARRIED: FIVE AYES. TWO ABSENT. 3. Public Hearing for Ringneck Place Subdivision (H-2023-0009) by RiveRidge Engineering Company, located at 2315 E. Ustick (Parcel No. S1105212448) and (Parcel No. S1105212449) Meridian Planning&Zoning Commission April 20,2023 Page 4 of 30 A. Request: Annexation of 1.73 acres of land with an R-8 zoning district. B. Request: Preliminary Plat consisting of 9 residential single-family attached building lots and 2 common lots. Seal: Okay. Let me see if I can -- can I get a motion to continue item H-2023-0009 for Ringneck Place Subdivision to May 18th? Rivera: I make a motion to -- to move forward Item No. H-2023-0009 to be continued to May 18th. Wheeler: Second. Seal: It's been moved and seconded to continue File No. H-2022-0009, Ringneck Place Subdivision, to May 18th. All in favor please say aye. Motion passes. MOTION CARRIED: FIVE AYES. TWO ABSENT. 4. Public Hearing for Promenade Cottages Subdivision (H-2022-0013) by Steve Arnold, A-Team Consultants, located at 403 E. Fairview Ave. A. Request: Rezone approximately 6.819 and 0.326 acres of land from the R-8 and C-G zoning districts to the R-40 (6.61 acres) and C-G (0.535 acres) zoning districts. B. Request: Preliminary Plat consisting of 30 single-family residential lots, 5 multi-family lots, 2 commercial lots and 8 common lots on 7.64 acres of land in the requested R-40 and C-G zoning districts. C. Request: Conditional Use Permit to construct a 90-unit, multi-family development on approximately 2.8 acres in the requested R-40 zoning district. D. Request: Conditional Use Permit to construct single-family, detached dwellings on the 10 of the 30 single-family residential lots in the requested R-40 zoning district. E. Request: Conditional Use Permit to allow the existing, non- conforming parking, landscaping and mobile home park to remain as is for an extended period of time in the C-G and requested R-40 zoning districts. Seal: All right. I would like to open File No. H-2022-0013, Promenade -- Promenade Cottages Subdivision. We will begin with the staff report. Meridian Planning&Zoning Commission April 20,2023 Page 5 of 30 Allen: Thank you, Mr. Chair, Members of the Commission. The applications before you tonight with this -- this request area rezone, a preliminary plat, and three conditional use permit applications. This site consists of 7.64 acres of land. It's zoned R-8, medium density residential, and C-G, general retail and service commercial, and it's located at 403 East Fairview Avenue. This property was annexed into the city back in 1969 without a development agreement. The Comprehensive Plan future land use map designation is commercial for 2.12 approximate acres of the site and high density residential at 5.52 approximate acres. The northern portion of this property adjacent to Fairview Avenue is zoned R-8 and C-C and is developed with two commercial buildings, a multi-tenant building with retail and restaurant uses with Idaho Pizza, a paint store, Rodda Paint, and associated parking. The proportion of the site directly to the south is a mobile home park and further to the south is vacant undeveloped land, all zoned R-8. The applicant is proposing a rezone of 7.15 acres of land from the R-8 and C-G zoning districts to the R- 40, which is 6.61 acres, and C-G, which is .54 acre zoning districts consistent with the underlying future land use map designations of high density residential and commercial. The rezone to C-G will remove the nonconforming status of the retail store in the R-8 district as such use is permitted in the C-G district. The mobile home park is a prohibited use in the proposed R-40 district. A conditional use permit is proposed to extend the nonconforming use until such time as the property redevelops at a minimum of four years. The proposed multi-family residential development is a conditional use in the R-40 zoning district and is subject to the specific use standards for such in the UDC. The proposed single family attached dwellings are a principal permitted use and the single family detached dwellings are a conditional use in the R-40 district. A preliminary plat is proposed as shown consisting of 45 building lots, Thirty of those are single family residential, five are multi-family and two are commercial building lots and eight common lots on 7.64 acres of land in the R-40 and C-G zoning districts. A gross density of 20.51 units per acre is proposed overall in the residential portion of the development. The plat is proposed to develop in three phases as shown. The single family residential on the south end of the site is proposed to develop first with 30 single family residential attached and detached dwellings at a gross density of 16.5 units per acre, with the multi-family residential development second, with a total of 90 apartment units at a gross density of 28 units per acre, for an overall gross density of 28 units per acre in the residential portion of the development and rebuild of the commercial area last shortly after the second phase. The phasing plan is based on the type of loan the applicant has on the property. Because the property is income producing, the loan will not allow the owners to disrupt the income being made off the existing commercial buildings and the mobile home park. Once the property is not encumbered by this loan condition the owner will move forward with phase two providing market conditions warrant it. Phase three will follow shortly after. Due to the financing and timing the applicant request -- requests an additional period of time of approximately four to five years, instead of the standard two years, to obtain the city engineer's signature on the second phase final plat. This will also allow ample time to notice the existing residents of the mobile home park of the plan to redevelop the property. Staff recommends the second phase final plat application is not allowed to be submitted for a minimum period of four years from the date of approval of the preliminary plat to allow residents of the mobile home park ample time to find other housing prior to redevelopment. This will require at least one time extension to be obtained in order for Meridian Planning&Zoning Commission April 20,2023 Page 6 of 30 the preliminary plat to remain valid. There are three existing access driveways via Fairview, an arterial street. One for the retail paint store and two for the multi-tenant building. The western access is proposed to be removed and the eastern accesses are proposed to remain until redevelopment of that portion of the property occurs, as removal at this time would negatively affect existing uses. Upon redevelopment of the commercial portion of the site all access via Fairview shall cease and access should be provided from Northeast 3rd Street, the lesser classification of the two streets in accord with UDC standards and ACHD standards. There are nine existing access driveways via Northeast 3rd Street, a local street designated on the master street map as a collector street, two for the commercial, one ingress-egress driveway for the mobile home park, and six driveway accesses for individual mobile homes. The northern access via Northeast 3rd Street is proposed to be removed as it's too close to the intersection and doesn't conform to ACHD standards. The second access nearest Fairview is proposed to remain to serve the existing commercial retail store and a new driveway access is proposed 30 feet to the south of the aforementioned driveway as depicted on the site plan in alignment with the driveway on the west side of 3rd. Due to the traffic conflicts that will likely result from the two driveways so close together, staff -- staff recommends these two accesses are combined and aligned with the driveway on the west side of 3rd in accord with UDC 11- 3A-3, which limits access points to collector streets. The existing driveway in alignment with Gruber Avenue on the west side of 3rd is proposed to remain and be reconstructed as a 30 foot wide curb return type driveway and has been approved by ACHD. The remainder of the accesses are proposed to be closed. No access exists via Badley Avenue, a local street along the southern boundary of the undeveloped portion of the site. Two new accesses are proposed via Badley Avenue to the single family residential portion of the development, which also provides connectivity to the multi-family residential and commercial portions of the development. Private streets are proposed for internal access to the proposed single family and multi-family dwellings. With the subdivision cross-access and ingress-egress easement should be granted between the single family residential and multi-family residential and commercial portions of the development via a note on the final plat or a separate recorded agreement in accord with UDC 11-3A-3. Alternative compliance to the off-street parking standards for single family dwellings, which requires parking pads to be located in front of the garage to allow the parking pads for the three bedroom units to be located as close as possible to the corresponding unit was approved by the director. Additional right of way is required to be dedicated along Fairview Avenue, but no improvements are required with this development, as Fairview is listed in the Capital Improvement Plan to be widened from five to seven travel lanes with on-street bike lanes between 2036 and 2040. With development the existing section of Northeast 3rd Street is required to be reconstructed and the unimproved section between East Gruber Avenue and East Badley Avenue constructed as a complete collector street in accord with the master street map and in general conformance with the city's downtown Meridian street cross-section master plan. Private streets are proposed for internal access to the proposed single family and multi-family units for addressing purposes. The pathways master plan depicts a ten foot wide multi-use pathway off site along the west side of Northeast 3rd Street and along East Fairview Avenue on this site. Internal pedestrian connections are required between the single family, multi-family and commercial portions of the development. A 25 foot wide street buffer is required along Meridian Planning&Zoning Commission April 20,2023 Page 7 of 30 Fairview and a 20 foot wide buffer is required along Northeast 3rd Street landscaped in accord with UDC standards. Because the single family residential portion of the site is below five acres in size at 2.7 acres, the minimum common open space and site amenity standards do not apply. The southern portion of this project is within the Meridian floodplain overlay district, zone AE, and will require a floodplain development permit. A conditional use permit is proposed to construct a 90 unit multi-family development on approximately 2.8 acres of land in the requested R-40 zoning district. Five three story 18-plex multi-family structures are proposed containing a mix of one and two bedroom units, 45 of each, ranging from 712 to 1,278 square feet in size. Off-street parking is provided in excess of the minimum standards with nine extra spaces. Nine of the surface parking spaces do need to be covered in accord -- or in order to meet the minimum standards for covered spaces. The amount of common open space proposed for the development also exceeds the minimum standards. A minimum of .5 acre of common open space is required. .94 of an acre is proposed, which is almost twice the minimum required. A minimum of four site amenities are required, one from each category. The applicant proposes a swimming pool, clubhouse, dog park, community garden and a tot lot from the quality of life, open space and recreation categories. An additional amenity is required from -- from the multi-modal category. Conceptual building elevations were submitted for the proposed single family structures as shown and for the multi-family. The single family cottages are all proposed to be two stories in height with two car garages, while the multi-family apartment buildings are proposed to be three stories in height. The clubhouse will be a single story in height. The applicant's narrative states the multi-family buildings will use similar accents as the cottage units. A conditional use permit is requested for the development of ten single family residential detached dwellings in the requested R-40 zoning district. Typically single family residential uses are not a desired use in the R-40 high density residential zoning district. However, they are allowed as a conditional use. There are existing single family residential dwellings to the west across Northeast 3rd Street and to the south across East Badley Avenue. The proposed single family residential homes at a higher density of 16.5 units per acre will assist in providing a transition to the multi-family residential apartments planned in the second phase of this development and should be compatible with adjacent multi-family uses. For these reasons staff is supportive of the request. A conditional use permit is requested to allow the existing nonconforming parking, landscaping and mobile home park to remain as is for an extended period of time until redevelopment occurs with the second and third phases of the proposed development. The nonconforming use of a portion of the site as a mobile home park and the parking and landscaping in the commercial portion of the development will remain as is until the second and third phases of development respectively, which will be approximately four to five years. The reason of the lengthy request is so that the applicant may proceed with the development of the southern vacant portion of the site with phase one, while allowing the residents of the mobile home park adequate time to find other housing options prior to redevelopment of that portion of the site with phase two. Redevelopment of the commercial portion of the site isn't proposed until the third phase of development. The extended time period for redevelopment of the mobile home park also accommodates the type of loan the applicant has on the property and the income generating uses in the interim. The extended time period for the commercial portion of the development where the nonconforming parking and Meridian Planning&Zoning Commission April 20,2023 Page 8 of 30 landscaping are located will allow the Fairview Avenue road widening project to -- to be completed. For these reasons staff is supportive of the applicant's request. No written testimony was submitted on this application and staff is recommending approval with the recommendation of a development agreement with the provisions in the staff report. Staff will stand for any questions. Seal: Okay. Thanks very much, Sonya. Would the applicant come forward. Good evening, sir. We will need your name and address for the record, please. Arnold: For the record my name is Steve Arnold. I'm with A-Team Land Consultants. 1785 Whisper Cove, Boise. 83709. And I will try to keep it as simple as possible. I think I have been working on this for five years. Sonya's had it for the last three to four months and I think she nailed everything that we are doing. Scroll down. So, the residential count -- Sonya went over -- and the mobile home park and the densities. The comp plan -- that we did add additional application, which was the alternative compliance and the private road. Utilities are all in the adjacent roads. Apparently the Public Works frequents the site because of issues in the mobile home park. So, we are hoping that we can get that cleaned up with that phase of the development. We -- as requested the additional covered space that --we are in agreement with that. This site has been modified so many times I probably lost it in one of the revisions. We are asking -- the only issue that we are really having with the staff report -- and it's not that we have issue with the condition -- we have issue with the application of it and the funding -- is 3rd Street. Typically ACHD requires half plus 12 and the city staff, which I -- I think it's a good idea -- is asking for it to be a full street section. We would like to be reimbursed that other portion and, then, we would like either the city or ACHD to step in, because I believe that we are going to need additional right of way on the west side adjacent to some of the existing uses. The one -- as staff would recommend -- or noted, we are correcting a -- a fairly big mess, not just physically out there, but, you know, policy wise with the R-8 and the uses of commercial in the R-8 and the mobile home within the R-8. So, we recognize this as actually being a good thing and cleaning some problems up. Again, Sonya nailed the timing. Again, the reason it's four years is because of the income producing nature of the property. The bank won't let us modify that in order to develop that section. CC&Rs, along with an HOA, will be provided for both the -- for the commercial, for the multi-family and the residential or the single family portion. They will maintain the common open areas and keep a -- a uniformity of development. Again, I think the only thing that we have got with staff conditions is -- is 3rd Street. All the other conditions we read through, all the other agency comments we can comply with. I'm going to go in and go quickly through - - staff has presented most of our maps, so I -- the -- the one thing that -- I don't know that it has been seen is the -- one additional amenity that we are doing is the bike lockers up in the multi-family. That wasn't noted, but as stated earlier -- I mean we are providing excess open space. The -- the idea is to get the feel of kind of a small little community on, you know, roughly under three acres and provide pathways, amenities and other things that make it feel more like a home. The units -- oh. Let me briefly touch on parking, too. The parking -- we have -- have excess and the whole idea is because we have had issues on other projects. One of the projects -- and I would invite everyone to go take a look at it, because it's never been -- that was the first one done in Idaho and there are -- Meridian Planning&Zoning Commission April 20,2023 Page 9 of 30 these are cottage units and they do an attached and a detached like at a townhome feel and they are a really unique product type. But this project is at, oh, Fairview and Cloverdale area about a thousand feet west of Cloverdale. So, if you ever get a chance to drive by there you can see the product type. And we had issue with parking, so in this project we are proposing to do significantly additional. So, starting off in the multi-family, the requirement's 158, we are providing 161 and we will add to that 81 covered -- I think it's 90 that is required. Multi-family guest was required at nine. We are providing 15. Cottages. We have got the 30 garage parking stalls and, then, 30 assigned and where you see garages in front -- I'm sorry. Parking in front of the garages, that specific unit will be assigned those specific parking stalls, so that you don't have someone else theoretically using it to park and block them in. The cottages. Again, we are doing 30 required, 30 provided. But we are also providing an additional 20 for guest parking and we think that will be beneficial for the development, because we won't get all the parking on the streets. Commercial 33 is required and we have got 90. You have already seen the landscape plan. As you can see we have got it pretty extensively landscaped for a site this size. Here is showing you the extension of 3rd Street down to Badley. As you can see there is going to be some things in our way and I -- I just don't think that we will be able to keep the alignment without getting an additional right of way and if the city is prepared or ACHD is prepared to go get the right of way, we can construct it with the project and, then, we just ask for reimbursement of the west portion. Here is an idea of our neighbor. He has got his -- his driveways that we will probably be messing up. However, he circulates there. So, we don't necessarily want to be the bad guy. I'm going to show you several images of the buildings as you can -- these are the existing ones that I told you that's near the Cloverdale and Fairview. These -- although we are calling it a private road, it's more of an alley access type product. You can see that we have got extensive architecture work on the outside. They are really a cute unit. I will show you some more here. This would be the -- how they would look facing 3rd Street. This is on a public road right out in front. This image gives you kind of an idea. We have got a townhouse type unit and a townhouse type unit and, then, a single family right in the center. These were built on paseos. This would be kind of similar look, but a lot wider of what we are proposing on the paseos along the parkways that we are doing in the center. These were 20. 1 think the others that we are doing here are between 40 to 50. This is a -- a 20 foot wide drive aisle. We are going to be doing roughly a 24 foot wide. So, this will be quite a bit wider. But this is, essentially, the back of the buildings. Typical fencing, if any. We fence around some of the units. And, then, this moves into -- this is a rough image of what we envision for the multi-family. Colors aren't quite compatible, but we will make that. Again, that's the only one -- in closing this is the only one thing that we would like to either not do or have the agencies take the lead on it. So, with that I will stand for any questions. Seal: Commissioners, do we have any questions for the applicant? Or staff. Wheeler: Mr. Chair? Seal: Go right ahead. Meridian Planning&Zoning Commission April 20,2023 Page 10 of 30 Wheeler: This is a complicated piece of dirt, huh? Arnold: I have never done so many applications on a seven acre piece. We have been working on this for -- I think we came to Bill about five years ago and Joseph took it and, then, like I said, Sonya just has had it over the last four months. But, yeah, it's complicated. Wheeler: I was just-- literally was starting to laugh as -- as -- as Sonya was going through it. Like you have got a trailer park, you have got lean encumbrances and, then, on top of it -- what the heck, why don't we just go ahead and add you in a floodplain. You know, it's just like there is -- there is a lot that's going on on this piece of property. So, first off, hats off for chewing on this thing for a while and trying to make something that's -- that to -- to present here for it, so -- but one of -- one of my questions are -- yeah, one of my questions is on the -- on the connectivity. I don't see a pathway that's going to the north side to the commercial side that was talked about. I see the interconnectivity for the properties and to the residential, but where would the pathways -- where are those at that would take them up to the commercial spot? Arnold: Mr. Chairman, Commissioner Wheeler, we do -- it -- it's shown on this. For some reason I lost it on my site plan. But we do show a pathway kind of connecting the commercial right near the Idaho Pizza building. We -- and we -- as -- as staff recommended and we agree with, we will add additional connectivities. I'm thinking that perhaps even at the multi-family we could do some crosswalks along that area, kind of like how we did in the cottages. So, I -- I agree we should add that. Wheeler: Another question I have is I'm hearing all of these restrictions placed upon you by the mortgagee; right? The lien holder; right? Arnold: Uh-huh. Wheeler: So, I'm -- I'm curious on -- if we do -- with these extensions is it going to be enough time or will you possibly have to come back again and request another extension? From what you are seeing on your time frame, development time frame, I mean just phasing; right? We are just talking phasing right now. So, how you see this thing play out with phasing, how you have to hold back a little bit before you -- before the trailer park is demised, rebuilt; right? Because you got compaction and environmental and all that kind of stuff you have to do. Is that enough time for you? Arnold: Mr. Chairman, Commissioner Wheeler, we hope so. I mean -- so, we have -- we have tried to put the minimum there. I mean it -- it may take a little bit longer. If so, we would end up being back in front of you asking for an extension. Wheeler: Okay. Okay. Arnold: But we think the -- the four to five year mark would work. Meridian Planning&Zoning Commission April 20,2023 Page 11 of 30 Wheeler: Okay. Because right -- okay. Because right now -- staff, if I can ask just a quick question. It sounds like to me like there is a -- there is already a four year plan for the applicant to go ahead and develop and, then, he is requesting another four to five year extension. Is that how I'm understanding it? Or -- I just want to make sure. Allen: Chairman, Commissioner Wheeler, Commissioners, the preliminary plat is valid for two years. Within that time period they have to obtain signature on the final plat by the city engineer or request a time extension for up to two years. Wheeler: Okay. Allen: They will likely need two -- two time extensions probably for this if it happens within the time period that they are estimating. Wheeler: And if-- staff, if that's the case is there something that we can say provisionally and -- if it gets recommended to -- to build that in already in our recommendation or is this just something that's taken care of administratively? Allen: City code. Wheeler: City code. Allen: As is. Wheeler: Okay. Allen: They were asking for that amount of time I believe probably maybe without extensions, but I -- I can't change that. That's city code that they request a time extension. Wheeler: Okay. Okay. I just don't want to -- I guess what I'm getting at is what if this project gets going and he is seven --you know, 75 percent done and, then, were not given an extension or he runs into some road block with the -- with something, all of a sudden we got a project and it puts him up against -- pins him up against a wall. I'm just -- if -- you know, how do we navigate that or what would be something that we can do there, if anything? Allen: As long as they apply for their -- I'm not sure if I'm answering your question, but as long as they apply for their time extensions it -- it won't expire and as long as it's approved by the -- the first time extension is approved by the director. Any subsequent time extensions are approved by Council. Wheeler: Okay. Okay. So, he can do multiple time extensions -- Allen: He can. Yes. Wheeler: Okay. Okay. Meridian Planning&Zoning Commission April 20,2023 Page 12 of 30 Allen: To remain valid and with each of those time extensions the city can place additional conditions on the development. If there are any new city code provisions that go into effect that affect this development we can keep the -- the project up to current code. Wheeler: Okay. Okay. And also like if they want to see benchmarks to be reached or whatever they can put that in conditionally or whatever they want on that. Allen: Yes. Wheeler: Okay. Okay. So -- so, it's -- so, Steve, just -- is that going to be something that -- timeline wise I just want to make sure you are not going to get pinned up against a wall or something like this, that that seems like that's going to work and -- all of that and you feel comfortable with that? Arnold: Yeah. Mr. Chairman, Commissioner Wheeler, yeah, we are --we are comfortable with that. And this is a question for counsel is can this be put into a DA, so that the time extensions aren't required that, you know, we essentially have four years on the second plat, instead of the typical two year consecutive. We are -- as soon as the city -- if they hopefully approve us, that's going to be -- I mean we are going to get going on the cottages like ASAP, so I don't -- Starman: Mr. Chairman, Members of the Commission and our applicant, I would agree with Sonya's comment a moment ago. So, we have -- the development agreement is a contract and, then, we also, in addition to that, have the Unified Development Code, which is law and law trump's contracts. So, the -- the UDC would prevail. We -- we need to adhere to that provision that has the two year period with the extensions. Typically that - - you know, we will assess that at the time, but that's not a difficult thing to accomplish. It's fairly routine for us to extend preliminary plats as -- I don't think it's -- I don't want to - - I don't want to say it's automatic, but it's certainly done on a frequent basis. So, I don't think that's a huge issue. The very worst case to kind of address where you were going to, Commissioner Wheeler-- the worst case I think would be the preliminary plat does not get extended for some reason, in which case they probably had built phase one, but they have not built phase two and phase three and they come back and apply for another preliminary plat. So, that's probably the worst case scenario is that they have to apply, again, for a preliminary plat for phase two and three. I don't think that's a likely scenario, but that would be the worst case scenario that I -- I could envision. Wheeler: Thank you. Seal: Okay. Questions? Mr. Smith, go right ahead. Smith: Mr. Chair. Question for staff. I was reading through the staff report. It looked like there was a recommendation to require phase two not be started for six years after and I think you said in the -- in the coverage that it's four years. I just want to make sure I'm understanding right, if there is a discrepancy or something changed. Meridian Planning&Zoning Commission April 20,2023 Page 13 of 30 Allen: Chairman Seal, Commissioners, I actually issued a revised staff report that changed that to the applicant's request of a minimum of four years. But you are correct it initially had the six. Smith: Thank you. Okay. That makes sense. And, then, second let's pretend that I'm someone who is really bad with directions and it's been a long weekend. I'm not fully understanding the -- the difference of opinions on that alignment. Would it be possible to go back to that map -- Google Maps view? I just want to make sure I'm under -- so -- so, my understanding -- and -- and -- and this is why I need some guidance -- is that 3rd Street where -- it kind of turns -- if you are heading southbound it kind of turns right and, then, left into that area and that's what the applicant is -- is proposing keeping and staff is recommending moving that section to the -- that would be east -- moving eastward to be in alignment. So, it's straight through on 3rd Street. Is that correct? Is that the disagreement there or am I missing something? I'm -- I'm -- and this is totally me. I'm -- I'm -- got oatmeal brain today. Allen: Chairman, Commissioner, the applicant is concerned that additional right of way may be needed from the property to the west, so they are asking the city and -- he is asking the city and ACHD to get involved to possibly acquire more right of way if needed for that street section. Otherwise, yes, it would shift a little bit to the east. Smith: Thank you. Seal: And I -- I have a similar kind of follow-up question on that is that -- I mean I -- I don't remember reading anywhere that that was going to be a requirement of it, that, you know, additional right of way is going to be required as part of this application. So, is there -- mean is -- is this one of those situations where something's been built where it shouldn't have or is this literally one of those where we are probably going to have to go and try and get more right of way or -- or do we know that yet? Allen: Chairman, I'm -- I'm not sure. That's an ACHD question really. Seal: Okay. Parsons: Mr. Chair, Members of the Commission, if I can just elaborate on -- on the rationale behind complete street versus --with first phase and then -- you are correct. It's -- well, Sonya and I -- staff is working with ACHD to figure that out as we transition to City Council. So, I just want to make that clear on the record. We have -- we have communicated -- we have been in contact with them consistently on trying to get this nailed down before tonight's hearing and I don't think you need to hold up the hearing because of it. What we are trying to do is balance two documents. We have a downtown streetscape section that is our preferred, but it stops at Carlton and, then, we have a 3rd Street alignment study that was adopted many years ago that speaks to the design of the road. So, what we are trying to do is take both of those documents and keep in spirit with both of those documents and ensure that we have the aesthetic and the street section that we want to see through 3rd Street, because this will be a major corridor through our Meridian Planning&Zoning Commission April 20,2023 Page 14 of 30 downtown as we transition and -- and grow in Meridian. So, we have big plans for this -- this area -- for 3rd Street for -- it's almost like a Meridian Road. It's on the opposite side of Main Street to get people in and out of downtown. What we can't do right now -- and because of the phasing that the applicant's proposed, is -- and with the addition -- with the trailer park staying in, we can't lose -- we can't do anything on that side of the road yet until phase two. So, that will primarily stay the way you see it now until phase two. With phase one ACHD already has 60 feet of right of way for that and so what we have done is we are trying to get the applicant to, one, build a complete street, because we don't know the timing of when that's going to occur if we don't get it now, because it doesn't exist. The right of way is there, but there is nothing built. So, we wanted to make sure if we have a development now, we want to make sure we have a complete street with a ten foot multi-use pathway. The street section that we are asking to do will still work within the 60 feet of right of way. We are just asking the applicant to potentially put the five foot sidewalk in a pedestrian easement within his 25 --within his landscape buffer -- 20 foot buffer that's required along 3rd Street and we are hoping that that can still work as part of his plan and no additional right of way will be needed. But we -- again, we don't have all those answers yet and if it does, then, potentially just to --to the applicant's point, additional right of way may have to come from his site, not the western site. Just to kind of put a finer point on that. But I think it may be able to work, but I don't know. Steve has worked at ACHD, so he's pretty familiar with their policies over there. So, I -- I think he knows he can do that and -- I believe he can do it in a pedestrian easement, still achieve at least the -- the travel lanes and the -- the streetscape and the -- the landscaping and everything we want within the existing right of way. Seal: Okay. Thank you. I appreciate the collaboration on that. But one of the things that -- if you can explain a little bit more about the provisions of the loan and how, you know, four year time frame isn't going to land you in the same spot. Meaning that, you know, if it's based on the viability or the -- the fact that that makes money for you, how are they not going to come back at that point in time and say it's still making money, you still can't do it. Arnold: Yeah. Mr. Chairman, I should elaborate on that. So, the timing on the loan -- they are fixed with this certain bank for so many years, which started some time ago. So, they can't refinance until -- and I think it -- it was approximately six years -- probably two years ago since we have been working on it. But, you know, time has lapsed now. So, we believe that within four years they will be able to refinance the loan and they will have another lender on it on the project. Probably the same one that will do the construction financing for that phase. Phase two. Seal: And if they can't? Arnold: If they can't refinance? Seal: Right. Arnold: I don't see that as being a problem. I mean there is a ton of equity on the property Meridian Planning&Zoning Commission April 20,2023 Page 15 of 30 as is. It should be an easy project to finance. Seal: Okay. I mean the things being what they are, you know -- short story. I had a house built by one of the best, most reputable builders in the valley and in between the time we decided to build the house and when they finally built it, they went out of business within three months of building our house and it was a horrible mess. So, things happen. So, I just want to make sure that we are prepared for that contingency should, you know, things not go the way that -- that we are thinking. I mean I -- and, staff, I don't know if you can help or even Kurt can jump in here on how we can formulate something here that protects us in a -- or not protects us, but makes sure that we are doing what's best for the city, knowing that there is something like, you know, the refinance of the loan. Starman: And, Mr. Chairman, Members of the Commission, I'm going to ask for some assistance from our-- my planning colleagues as well, but my recollection is that the CUP for the nonconforming use, which is phase two, essentially, that has a four year time frame attached to it. Does it expire in four years? Okay. Bill is shaking his head yes. So, if that's the case that is -- I'm not sure if I would characterize it as a protection, but I would say that the reason that the mobile home park will continue to exist during this interim time frame is because -- or if it -- if the Commission recommends and the Council approves, it will -- it will stay in place, because it has a conditional use permit for a nonconforming use and if that CUP has a four year -- four year sunset date on it, then, that will call all this to question at that point in time, because the CUP will expire and the use will no longer be allowed. Now, that begs the question of how would you go about enforcement and what would happen and I'm probably not prepared to delve into that this evening, but the CUP for the nonconforming use provides a tool to revisit the issue at that point in time. Seal: Okay. That answers one of my other questions, which is good. Bill, go ahead. Parsons: Mr. Chair, Members of the Commission, right now the way we have it structured in the staff report is a DA provision. So, at the end of that four years it -- it -- it goes away or he comes back and amends the agreement to extend it. We do not have an explicit condition that says this shall cease in four years, but that's what you are here tonight -- if that's something that you want to add that extra level of protection -- it is a CUP and I think the applicant would have -- would be in agreement with that, that at the end of the four years that they -- they cease -- the use needs to cease and you can add that as a condition of approval. Or -- or apply for another extension. Seal: Okay. Parsons: That's -- that's -- Starman: Mr. Chairman? Parsons: -- within your purview tonight. Meridian Planning&Zoning Commission April 20,2023 Page 16 of 30 Starman: And, Mr. Chairman, I would say probably either/or works. A provision in the development agreement that has a four year termination date is probably -- works in the same way. You also could add a sunset date to the CUP and use sort of a belt and suspenders approach, which -- and that would be consistent. If you had a DA provision that said four years and a CUP that said four years, that would make some sense. So, that's something the Commission could consider. But either way would work. A DA provision would work. A CUP sunset date would work. Or a combination of both. Seal: Okay. Perfect. Thank you very much. Can you elaborate a little bit on the utility issues that would be remedied? Arnold: Mr. Chairman. Yeah. There is the -- basically they would all be ripped out. The -- the mobile home right now is on kind of a -- a weak system. It was probably not to code, nor ever inspected. So with phase two we will be tearing all that stuff out. Seal: Okay. But there is nothing that's going to be connected right now that would remedy that? Arnold: Nothing right now. Correct. Seal: Okay. Just wanted to understand that a little bit better. That's all I have got. Does anybody else have more questions? No? Hearing none -- thank you very much, sir. And we will go ahead and take some public testimony. Arnold: Thanks. Seal: Thank you. Hall: Mr. Chair, we have no one signed up online, but we do have a Craig Peterson signed up to speak. That is all. Seal: No Mr. Peterson? Do we have anybody else in the audience that would like to come up and speak? Raise your hand. Come on up. I know somebody out there wants to. No? We do actually appreciate any comments that anybody has to make, so -- mean we -- we do look at every piece of public testimony and listen heartily. Nobody online is raising their hand that I can see, so -- oh, did I miss somebody? Oh. Come on up. Just give us your name and number -- or sorry. Give us your name and -- and address. Warner: Want my number? Okay. Seal: Sorry. Gosh. Back to college. Name and address, please. Warner: I'm Kellee Jean Warner. My address is 435 East State Avenue here in Meridian. And my question? Okay. My question is this seems like a pretty neat development there. I wondered how that affects the properties around? I don't know if that's the right question Meridian Planning&Zoning Commission April 20,2023 Page 17 of 30 for this place, but that's my question, kind of how that affects the properties around. Like how it would affect my property that's just a few blocks away. How that affects all the other homes, whether it's value or just -- what does that mean for me as a homeowner in the area and this coming so close to my home? Seal: Just as far as the -- the multi-family development that's going to come in or the replacement of the mobile home park or kind of all of it? Warner: Yeah. All of it. Yeah. Seal: Okay. And -- and I think that's -- I mean I don't know that anybody's going to know that a hundred percent, but there is going to be good and bad to anything really. Warner: Okay. Seal: All right. Thank you very much. Warner: Yeah. Seal: Anybody else? Last chance. Okay. Would the applicant like to come back up? Arnold: I really have nothing to rebut, but just thank staff for the years of work that they have had us on this and I can say -- besides doing consulting work in the development side, we also do real estate on the new construction and land side and from a real estate perspective to clean up that mobile home park and to put in some single family and townhomes down there that will have some pretty good value, it will boost comps within, you know, probably a thousand foot radius. So, it -- it -- it will be a good thing for the neighborhood. I'm not sure if the Commission has driven out by there, but it's not the prettiest site. It's probably one of the uglier portions in Meridian. Seal: Okay. I -- I do have a question on that. Is there -- I mean as far as the ownership of it and are -- are there -- is there an HOA type mechanism to that that would -- and the reason I ask is because my concern is as the -- the mobile home park starts to age out -- meaning that, you know, we get closer to that four year mark, the residents know that they are -- you know, they have to leave sometime. I have seen in other places where that gets pretty ugly pretty fast. So, I just want to make sure that, you know, that's something that's been thought of and there is some kind of mechanism in place that can help with that. Arnold: Mr. Chairman, yeah. If you drive by there you are going to probably see that some of the residents are just going to leave everything and we will keep the trash cleaned up as that occurs. It's -- it's in our best interest not to have it -- a dump -- dump site either and we will likely have to take all of the mobile homes -- or not all, but a good majority of them to the trash. I mean there is -- there is some really rough looking things out there. Seal: Okay. Will that happen as they are vacated? Meridian Planning&Zoning Commission April 20,2023 Page 18 of 30 Arnold: Yes, we can do that. Seal: Okay. Is that -- and, Bill, I don't know -- is that something we can put as a provision for this that as they are emptied they are removed within a certain time frame or-- I know trying to enforce something like that's impossible. I just want to make sure we are doing our due diligence on it. Parsons: Yeah. Chairman, Members of the Commission, I think that's doable. I would - - I would leave it-- you know, we can add it as a CUP condition that the site be maintained and orderly and that any dilapidated trailers left on the site would be removed within X amount of days or however you want to phrase that. But we can -- Seal: Okay. Parsons: -- give us something and we can try to wordsmith it as we transition there. Seal: Perfect. I was really hoping you would say that. Appreciate that. All right. Well, thank you. Commissioners, do we have any further questions? Oh. Go ahead, Commissioner Wheeler. Wheeler: Yeah, Mr. Chair. Thank you. Within the three phases do we have cross- access agreements between the different phases and the different building areas or different sections? Arnold: Yeah. Mr. Chairman, Commissioner Wheeler, as a condition in the staff report they are asking us to do the cross-access -- Wheeler: Okay. Arnold: -- and, again, it's in our best interest, especially when we are losing a driveway on 3rd Street to the commercial. So, yeah, the -- the -- all of the private roads they are platted on a -- a common lot and, then, cross-access is granted through that, along with all the utilities that are within that. Wheeler: Perfect. Perfect. Thank you. Seal: Any other questions? None? All right. Thank you very much, sir. Appreciate it. Arnold: Thank you. Seal: And with that I will take a motion to close the public hearing for File No. H-2022- 0013. Smith: So moved. Wheeler: Second. Meridian Planning&Zoning Commission April 20,2023 Page 19 of 30 Seal: It's been moved and seconded to close the public hearing for File No. H-2022- 0013. All in favor, please, say aye. No nays. Motion passes. The public hearing is closed. MOTION CARRIED: FIVE AYES. TWO ABSENT. Seal: Who would like to go first? Go right ahead. Smith: This is just some -- some food for thought. I -- I don't -- I don't feel strongly about this one way or the other. Just thinking about that -- that 3rd Street discussion and extension, I -- I don't know -- I don't know how comfortable I am requiring something like that without knowing the right of way and -- and -- and, you know, the legal and financial kind of implications of that, so I don't -- and maybe this should have been a question around, you know, kind of what that could look like and -- and how that might affect -- would it -- how -- how adverse of an effect that would be on the -- the developers or, you know -- you know, what that would look like kind of best and worst case scenario. That's just something that I'm -- I'm -- I'm still kind of kicking around. I don't really feel super strongly about it, but there is -- there is some -- I don't love that uncertainty there at the moment is all. Seal: Yeah. I agree with that. It would be good to have more of that. I mean I'm -- I'm sure city staff is working diligently on that to try and figure out the answer to it. It's sometimes hard, because when things come through here, especially as a recommending body, it's difficult, because we don't necessarily want to hold things up in the process, but I, myself, I'm not -- I dislike greatly when things go to City Council just to come back to us. So, I don't know that this is -- this would be something that would have to rebound like that, but definitely has the -- the potential to do that. One of the -- I mean -- and -- and I will just speak to the -- to the site and the layout and the -- you know, kind of what this looks like in the future. I -- I do like that there is a four year halt, basically, on, you know, removing the -- the -- the -- the mobile home park in there. You know, I mean I'm sure there is people in there that are going to appreciate that, too, you know, and -- and there is generally a stigma around them, but I understand that, you know, housing in Meridian is incredibly expensive, as it is in the valley, so I'm just happy to see that that's in there. That said, I do want to -- I would like to see something -- you know, something -- I don't get to make the motion, but if I were to make the motion, you know, basically it's, you know, a provision that sunsets the -- the CUP at the same time as the DA provision. So, we are kind of double covered in that and that, you know, also we provision it that basically any abandoned mobile homes are removed within a certain amount of time. You know, let -- let the staff work with the applicant to figure out what that might be, just so that we are -- we make sure that, you know, as -- as the properties are -- are left or abandoned that, you know, basically we have a mechanism in there to keep -- keep moving towards cleaning that up for when that does get phased in. On the -- I actually -- I mean for what the property is I kind of like the layout of this, the way that it transitions. The fact that the clubhouse is kind of centrally located or will be centrally located is nice. The pathways in here are very nice. I like the -- the interconnectivity of it for certain. I'm Meridian Planning&Zoning Commission April 20,2023 Page 20 of 30 sure as the city continues to grow that's going to actually be great for the folks that live in here. The only thing I don't like -- and you will -- you will rarely, if ever hear me say this, is the pathway that's behind the -- the houses that are on the -- the southeast -- is that right? Yep. On the southeast. I don't like that in there. So, to me that kind of sets it up to where you are going to have people -- kind of makes it to where it's, you, know, a blind alley in there, not a lot of observability. So, you know, hopefully nothing nefarious happens back there, but if it does it's really really hard for public to view it. So, I'm not -- I -- I don't -- I like the grass area back there, but I definitely am not a big fan of the -- of the pathway that goes back through there. I think that might be troublesome in the future, so I don't know if that negates as far as that being an amenity or anything along those lines, I just -- I think that's a safety concern that may just be me, may just be my opinion, but I -- for -- for me I think that's a safety concern. But the rest of it I -- again, I -- I like what it's going to be in the future. I wish we could get there a little differently, but, obviously, we can't. In-fill properties like this are really really hard. So, I'm -- I'm in favor of it, you know, as it stands and I -- I do hope that we can get to -- and, you know, Commissioners, if there is something in here where you feel like, you know, we -- we absolutely need to know what's going on with 3rd Street before we move forward, you know, please, indicate that as well. I will give some time to you guys to chat about it. Rivera: Yes, Mr. Chair? Seal: Go ahead. Rivera: Again, first of all, thank you to developers and staff for all the time spent on this property. I think the end result will be a -- will be a nice, you know, addition to the city and to the residents here in Meridian. I -- I agree with the question mark on 3rd Street. -- I think that's, you know, a question mark there. Overall I like the -- the flow of -- of what's being proposed in that tight space there. I did see that -- that walkway in the southeast corner as well, so I -- I observed that earlier, but hoping with -- I don't know, maybe some proper lighting or-- or something that it doesn't affect too much would create more safety than -- than -- than not and the only other thing, too, I just wanted to say just -- just from -- from my experience and I -- I don't foresee either any kind of a, you know, problem with refinancing this property, just based on, you know, once you create a -- I can see that the -- the equity in there I can see that there is -- of course I don't have the numbers, but once you build out phase one it only makes it more attractive for -- for -- for financing from any financial institution to grow and -- and, you know, when we do appraisals -- appraisals you get the as is, at completion, and at stabilization, you know, values. So, I think for the most part financial institutions use at completion and -- and their value will help with the -- with the refinancing here. Seal: Okay. Thank you. Wheeler: Mr. Chair, I'm ready to make a motion if we are good with that. Seal: Commissioner Stoddard, do you have anything to add? Meridian Planning&Zoning Commission April 20,2023 Page 21 of 30 Stoddard: I do not. Seal: Okay. All right. Commissioner Wheeler, if you would like to go right ahead. Wheeler: You bet. Complicated property and excited to see something clean up. This is great. If I'm looking at the right one. After consideration -- after considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File No. H-2022-0013 as presented in the staff report for the hearing date of April 20th, 2023, with the following modifications: Number one. That the CUP sunset at the same time as the DA provision. Number two. That the southeast pathway is not required. And number three. That the trailers that are vacant at the beginning of phase two be removed within 45 days and if there are more than five that is extended to 90 days. Seal: Got a second? Stoddard: Second. Seal: A question for you, Bill -- for Bill. Is -- is that too defined? Parsons: Mr. Chair, Members of the Commission, I -- I was hoping you would just say debris -- trailers and debris or something to that effect, but -- Wheeler: Okay. Parsons: -- 45 and 90 days, is -- it's -- it's spot on in our opinion. That's easy -- that's easy to understand and enforce when you have that. Wheeler: Okay. Parsons: I would presume you mean calendar days as well. Wheeler: Yes. That would be -- I actually had written down calendar days and didn't state that. So, yes, it would be trailers and their corresponding debris will be removed within 45 calendar days or if there are more than five -- more than five vacant trailers that that would be extended to 90 days. Seal: Does the second still stand? Stoddard: Yes. Second still stands. Seal: All right. Starman: And, Mr. Chairman, I just -- I'm certain this is part of the motion. I just want to get this on the record, that -- because we actually have three CUPs before you tonight. So, I just wanted to make it clear that I think the -- the maker of the motion intended that the -- the sunset date on the CUP is referencing the CUP for the nonconforming use, not Meridian Planning&Zoning Commission April 20,2023 Page 22 of 30 the other two CUPs. Does that make sense? Wheeler: Yes, counsel, that's correct. Starman: Okay. Seal: Second still stands with that? Stoddard: Yes. Seal: Okay. So, it has been moved and seconded that we recommend approval of File No. H-2022-0013 with the aforementioned modifications. All in favor, please, say aye. Opposed nay? All right. Motion carries. Thank you very much. MOTION CARRIED FIVE AYES. TWO ABSENT. 5. Public Hearing for Noodles and Company at Ten Mile (H-2022-0087) by Chipman Design Architecture, Inc., located at 3103 W. Milano Dr., near the northeast corner of N. Ten Mile Rd and W. McMillan Rd. A. Request: Conditional Use Permit for a new approximate 2,200 square foot quick serve restaurant with a drive-through, located within 300 feet of an existing drive-through facility, residential district and existing residence. Seal: And with that we will open File No. H-2022-0087 for Noodles and Company at Ten Mile and we will begin with the staff report. Hersh: Good evening, Mr. Chair and Commissioners. The applicant is here to present their project for Noodles. They have submitted a conditional use permit and alternative compliance, which Commission is needing to act on. The development consists -- or the site consists of 0.63 acres of land, zoned C-G, and it's located at 3103 West Milano Drive. History on the property. There is a development agreement that governs the property. The Comprehensive Plan FLUM designation is commercial and the summary of the request is there is a conditional use permit request for a new approximate 2,515 square foot quick serve restaurant with a drive-through located within 300 feet of an existing drive through facility to the south and residential use to the east. Currently -- that's currently under construction, which require -- requires the conditional use permit per the UDC. And the proposed drive through is not a traditional drive through, but a pick-up lane for pre- made online orders by phone -- online orders by the app and by phone only. The drive through does not contain a menu board or speakers for traditional ordering. Customers select a time at which their food will be available at the pick-up window, allowing for a more efficient method for customers to pick up their food. Any change to the proposed use will require a modification to the conditional use permit. There are also a number of vehicle dominated uses to the south, a vehicle washing facility and fuel sales facility, but they did not require CUP approval. They are specific uses that are principally permitted Meridian Planning&Zoning Commission April 20,2023 Page 23 of 30 in the C-G zoning district. However, the nature of the nearby uses are vehicle dominated, similar to that of the drive through, and staff has taken this into account when making its recommendation to the Commission. The proposed drive through has a one way drive aisle that circles the proposed building and leads to the shared drive aisle and parking lot. The site plan depicts plenty of queuing for vehicles, which should be sufficient for the proposed use as a pick-up only drive- through and the stacking lane is a separate lane from the circulation lanes needed for access and parking and allows plenty of space for vehicles to stack. The proposed hours of operation will be Sunday through Saturday from 10:00 to 10:00 p.m., which meets the requirements for the C-G zoning district when abutting a residential district. Access. There is one driveway access proposed to the site via the shared east-west driveway along the east boundary of the site. This access is a shared access for all the properties -- properties within the commercial subdivision that front on the abutting arterial streets. The senior living facility does not take access from the shared driveway. The shared driveway connects to both Ten Mile Road south of the subject site and also to Milano Drive north of the site. Street buffer landscaping is including and -- including a sidewalk along North Ten Mile Road was installed with development of the overall subdivision. The submitted landscape plans show this buffer remaining as it currently exists and the parking for the building is based off the 2,515 square feet. That's requiring a minimum of ten parking spaces and the applicant is proposing 14, which exceeds the UDC minimums. Alternative compliance is requested to deviate from the parking lot landscaping, which requires a five foot wide landscape buffer adjacent to the southern driveway due to the limitation of the narrow lot size. The applicant has redesigned the site in an effort to retain the pick-up window -- included the properties to the north to demonstrate how they would integrate with each other in regards to the landscape buffer separation with the bank. The applicant is adding an additional two feet of landscaping on the Noodle side of the property line. This allows the drive aisle to remain at 25 feet wide along the southern boundary to accommodate the required escape lane. The perimeter landscape buffer between Noodles and the bank will result in a ten foot wide buffer, meeting the intent of the UDC code. The applicant is proposing additional shrubs in the landscape buffers along the north and west sides of the site and based on this analysis the director was supportive of the request for the alternative compliance. The building elevations -- the applicant has submitted conceptual building elevations for the proposed restaurant with a drive through. The building elevations depict aluminum siding, stucco finish with expansion joints, CMU brick and aluminum window system and the final design of the structure will be required to comply with our design standards in the architectural standards manual. There is no written testimony for this project and staff does recommend approval with the conditions in the staff report and that concludes staff's report tonight on this. I stand for any questions. Seal: Thank you much. Would the applicant like come forward. Pedroza: My name is Dieter Pedroza. I'm with the architect of record, Chipman Design in 1350 East Touhy Avenue, Des Plaines, Illinois. On behalf of Noodles and Company. So, the -- the intent of this design was to restructure and Ms. Hersh has been very helpful in communication on how we can get that accomplished and the first hurdle that we have gotten -- not only here, but in other locations is our pick-up window that was actually Meridian Planning&Zoning Commission April 20,2023 Page 24 of 30 developed during COVID with the intent of not using the inside of this space, but doing everything through mobile app, through online ordering, in and out, in and out. So, the concern for the stacking was obviously brought up right up ahead. What we did is actually we flipped the initial design that we had to have the pickup window on the south side to a lot for the hundred foot stacking. But it's pretty straightforward as far as the design itself and having potentially that double escape lane on the south end of the building should we foresee any issues. But the way it's worked at other locations it's literally to the window at the time, pick up, there is no transactions of -- of monies currencies, nothing, it's just pick up order and out. So, even if we did do a stacking on there, worst case scenario, you would look at about ten cars that could easily stack through there without causing any issue with the adjacent parking to the dentist and to the bank below. Like pretty much the intent is to have this place built here. So, we are -- we are doing our best and we are trying to make sure that -- obviously we have looked through the report and every item that is noted on there that will state should comply that is our intent. Going back to the design guidelines, we will make adjustments to ours to comply with that once we do apply. Seal: Okay. Thank you much. Commissioners, do we have any questions for the applicant? Commissioner Smith? Smith: Mr. Chair? Seal: Yep. Smith: I -- I'm trying to put on my -- my City Council cap for a second and try to think through some of the things that I have seen similar -- excuse me -- similar types of developments looked at and -- and one thing that kind of popped out to me is -- is the calling out some -- occasionally the -- the -- sorry. In the staff report it calls out the local vehicle use dominant businesses and other uses, as well as, you know, this dentist office here. You know, can expect also like you are saying -- kind of in and out nature, some - - some reasonable vehicle traffic flow. Am I assuming correctly that this -- like other Noodles and Company, there still will be a seated aspect to this? Pedroza: Mr. Commissioner, that is correct. So, there is a seated aspect. The majority, based on when we look at strategically from other locations, is there is a seating portion, but what we have noticed as a trend for a lot of Noodles is the drive-through portion has kind of maintained itself after COVID itself. So, even after COVID there is a heavy usage. So, when we could have easily omitted the pick-up window and done just a -- a parking - - no pickup window, but Noodles' intent is that a good part of the revenue is that pick-up window. So, we wanted to maintain that pick-up window without causing any issues with the adjacent businesses. But there is still seating on the inside and there is a proposed patio seating as well. Smith: Okay. Thank you. So, with that -- Mr. Chair. Sorry. With that my -- my thought is specifically kind of this illustration here of all the parking on one side, building on another side, and I don't see at least illustrate any kind of clear path of connectivity between the Meridian Planning&Zoning Commission April 20,2023 Page 25 of 30 two. Seems like it's just kind of a drive aisle and, then, you park and you cross -- you go across it. Was there any kind of contemplation of some design, be it striping or some kind of thing, to -- to guide people in a kind of safe path to this. Pedroza: So, the original design when we did do the layout was very similar as far as intent of the dentist location. So, we did have parking allocated in front of the building. Obviously, our ADA spots were initially there, but because of the constraints of the narrowness of the space we remove that part and all the parking is on there. But intentionally, once we do the design, the two ADA spots --there would be a gradient going from the ADA spots and the middle space between the two ADAs would have a gradient to lead individuals to the store, because that's exactly -- I don't know if I can zoom in on this, but we do have an ADA compliant curb indicated. So, we would actually have striping from that ADA section to the sidewalk. Smith: Okay. Thank you. Pedroza: Thank you. Seal: Anything to follow up? Smith: No. That -- that's just -- you know, wanting to make sure that there is, you know, with -- with the -- the vehicle kind of heavy usage that there is -- you know, we are -- we are designing it safely so someone doesn't come shredding out from picking up their Noodles and Co and, you know, risk an accident or something, because someone's walking too close to the -- the exit drive aisle. Seal: Right. The only question I have is will there be a bike rack? Pedroza: Yes. Seal: Okay. Pedroza: There is a bike rack and it will be -- actually, what we did is we went on -- on Google Maps and we looked at other locations to see what they were implementing and, of course, that's one of the items that was mentioned on the report and that's something that we would modify and we would adjust based on guidelines. Seal: Okay. That's -- that's good, because I have a -- I have a 12 year old that can't wait to ride our bikes there and eat, so -- Pedroza: Actually before coming here I went to the site just to look at the site to see how it's going just to get an in-person visualization of how wide the space is. But the -- the bike -- the bike rack we had is usually one that we have used at other locations, but, yes, we will modify our plans in accordance with the guidelines. Seal: Thank you. Is that it? Meridian Planning&Zoning Commission April 20,2023 Page 26 of 30 Wheeler: Mr. Chair? So, is it David? Is that what you said your first name is? Pedroza: Dieter. Wheeler: I'm sorry? Pedroza: Dieter. Wheeler: Dieter. Pedroza: It's like Peter, but with a D. Wheeler: Okay. Very good. Thanks, Dieter. So, it looks like on the -- going back to this pick-up window, coming around, you know, on the north side, swinging by on the west and, then, obviously, the exchange happens on the south side where they would pick up their food. But, like you said, there is no monetary consideration or anything like that that's given at that juncture, it's just more or less here is my order number, however that's done to confirm, and they pick it and go; right? And, then, as they drive out it looks like they could cut and go north right past the building, but will there be -- but there is no direct access that way; right? So, do they just continue to kind of go -- kind of jog just a little bit to the south and, then, hit the main road? Is that what's going to be encouraged? Pedroza: Correct. And we could also have -- if -- if the city would like -- stop signs and directional arrows on the road as well, if that would help. I know we had -- it's a bit of a -- of a jog between the building and that curb. Also we can definitely indicate an arrow -- directional arrow to the -- what is that? That's the south. Yeah. Because that's also the other concern was the location is that main entrance for not only the proposed Noodles, but the dentist and the bank itself. Wheeler: Yes. But from what I'm seeing, based upon this drawing here, that there is no access -- if someone was to turn and go due north and cut right in front of the Noodles building, go right in front of the bank, that they would not be able to access a way to get back onto Ten Mile that way; is that correct? Pedroza: No. That is correct. Yeah. Wheeler: Okay. Pedroza: So, mine looks a little light, but it's pretty much a U bend. Wheeler: Okay. That's -- that's what I was seeing, because that would -- that could propose some definite constraints. Yeah. Exactly. Just like that. Okay. Pedroza: Yeah. That would be great to be able to have that arrowed or something like that or however that needs to be for safety concerns as -- as other commissioners have said, so in -- in other locations, again, goes back to the striping on the ground. We have Meridian Planning&Zoning Commission April 20,2023 Page 27 of 30 -- we have done striping -- hazard striping where people are not supposed to walk, so we could put hazard striping wider. Obviously we also put, you know, do not enter signs and put directional arrows for the entrance to the pick-up window. Wheeler: Excellent. Seal: Any other questions? Smith: Mr. Chair? Seal: Go ahead. Smith: Just one thing I want to make sure we cover. Is there anything in the staff report -- I noticed there are a couple of small recommendations in the staff report, like a -- a sign watching out for-- watch out for pedestrians, some things like that. Is there anything you have any concerns with with those recommendations? Pedroza: On our end? No. After looking at the report not at all. I mean I understand the concern, because it is, again, the drive aisle bending around. So, we will definitely comply and if there is any further suggestions from the Planning Department should not be an issue on Noodles, then, to comply with that and make it look visually appealing, but also cautionary to individuals. Seal: Okay. Any further questions? Smith: Mr. Chair, I have a motion ready. Seal: Well, we are not quite ready for that -- not quite ready for that yet, but -- but we will make -- but we will make that part -- I was going to say we are going to make the 7:30 so hold on. Since there is nobody left online and there is nobody left in Chambers, we really have no public -- public testimony portion to this. So, if there is anything else you want to add before we close the public testimony? Pedroza: No, not at all. Just hoping to move forward. Seal: Okay. Thank you very much. Appreciate it. Pedroza: Thank you all. Seal: Does anybody else have -- oh, wait. Need a motion to close the public hearing for File No. H-2022-0087. Rivera: So moved. Stoddard: Second. Meridian Planning&Zoning Commission April 20,2023 Page 28 of 30 Seal: Okay. It's been moved and seconded to close the public hearing for H-2022-0087. All in favor please say aye. Any opposed? Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. Seal: Does anybody have anything that they want to bring up before a motion is made? Wheeler: I would -- I would just like to take the next nine minutes and just -- I'm just kidding about that. No, I -- I think this is a great -- I think this is a great plan and it's going to be a great idea. I like the concept of them doing the pick-up and it's all mobile app ordered online and so that way that queuing line should just actually move pretty quick, even like quicker than like a normal fast food place. I like that. And I think if they put in some of the controls or direction that would encourage people not to cut in front -- back of the Noodles, but, you know, to move through around that side, just because, you know, they may be looking at their phone, their food and they are going to get hungry and start eating and just to be able to have some sort of direction in that side, I think that's going to -- that's going to be great honestly. And, then, also doing -- it was also stated earlier about the directional across the middle of it, just the gradient there. That would be -- that's fantastic. So, yeah, looking forward to it. Seal: Okay. Anybody else? Rivera: I will just -- I will just -- I will just add -- it seems like that's where everybody is going. I think it's -- we had one a couple weeks ago or last -- about the same concept with, you know, order with the app. So, I -- I'm just glad that there is enough room there, because, you know, people are still learning that process, so there is going to be people showing up, probably like me, looking for the speaker or something to order. So, then, my kids will set me straight like, dad, use the app. But -- but I'm glad there is enough room there, you know, for people like me to move to the side or just go park, use the app. So, the extra parking spots are also good, because for the people that show up, you know, they can go park and use the app and, then, whatever, circle back or whatnot, whatever they need to do, so -- Seal: Instead of an escape lane, it's a ridicule lane? Rivera: Yeah. Seal: That's -- that would be same for me, too, so -- and it -- and it is interesting, a lot of these are happening. That -- that does some seem to be a business model that we are going to see more of, not less in the future, so -- with that I will take a motion. Smith: Mr. Chair? Seal: Go right ahead. Smith: Sorry. I just -- I -- you know, I like Noodles and Co and I just -- you know, this is Meridian Planning&Zoning Commission April 20,2023 Page 29 of 30 such a good application. I'm excited for the ribbon cutting next week, if -- assuming it's going to be ready. Mr. Chair, I -- I would like to move -- after considering all staff, applicant, and public testimony, I move to approve -- I move to approve File No. H-2022- 0087 as presented in the staff report for the hearing date of April 20th, 2023, with the modifications listed in the staff report, as well as a modification to include arrows guiding exiting drivers to the southbound exit of the parking lot. Seal: Do I have a second? Stoddard: Second. Rivera: I will second. Oh. Seal: It's been moved and seconded to approve File No. H-2022-0087 with the aforementioned modifications. All in favor please say aye. No opposed. Motion passes. Thank you very much. MOTION CARRIED: FIVE AYES. TWO ABSENT. Seal: And with that I will take one more motion. Wheeler: Got to wait five minutes. Rivera: I will motion to adjourn the meeting. Seal: Do I have a second? Smith: Second. Stoddard: Second. Seal: It's been moved and seconded to adjourn. All in favor please say aye. We are adjourned. Thanks, everyone. MEETING ADJOURNED AT 7.25 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED 5 I 4 12023 ANDREW SEAL - CHAIRMAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 6, 2023 Planning and Zoning Commission Meeting Meridian Planning&Zoning Commission April 6,2023 Page 60 of 60 MEETING ADJOURNED AT 9:23 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED ANDREW SEAL - CHAIRMAN 4-20-2023 ATTEST: CHRIS JOHNSON - CITY CLERK E K IDIAN:--- iuAn Planning and Zoning Presentations and outline Changes to Agenda: th  Item #2: Fairview Apartments – CUP (H-2023-0001) – Applicant requests continuance to June 15 to work on revisions to the site layout to address Staff’s concerns. th  Item #3: Ringneck Place Subdivision – AZ, PP (H-2023-0009) – Needs to be continued to May 18 due to an error in the public notice. Item #4: Promenade Cottages Subdivision (H-2022-0013) Application(s):  Rezone  Preliminary Plat  (3) Conditional Use Permits Size of property, existing zoning, and location: This site consists of 7.64 acres of land, zoned R-8 (MDR) & C-G (general retail & service commercial), located at 403 E. Fairview Ave. History: This property was annexed into the City in 1969 without a DA. Comprehensive Plan FLUM Designation: Commercial (2.12+/- acres) & High Density Residential (5.52+/- acres) Summary of Request: The northern portion of this property adjacent to Fairview Ave. is zoned R-8 & C-C and is developed with (2) commercial buildings \[a multi-tenant building with retail and restaurant uses (Idaho Pizza), a paint store (Rodda Paint) and associated parking. The portion of the site directly to the south is a mobile home park, and further to the south is vacant/undeveloped land, all zoned R-8. The applicant proposes to rezone 7.15 acres of land from the R-8 & C-G zoning districts to the R-40 (6.61 acres) & C-G (0.54 acres) zoning districts consistent with the underlying FLUM designations of HDR & Commercial. The rezone to C-G will remove the nonconforming status of the retail store in the R-8 district as such use is permitted use in the C-G district. The mobile home park is a prohibited use in the proposed R-40 zoning district – a CUP is proposed to extend the nonconforming use until such time as the property redevelops (in a minimum of 4 years). The proposed MFR development is a conditional use in the R-40 district & is subject to the specific use standards for such in the UDC. The proposed SFR attached dwellings are a principal permitted use & the SFR detached dwellings are a conditional use in the R-40 zoning district. A preliminary plat is proposed consisting of 45 building lots \[30 single-family residential building lots, five (5) multi-family building lots, two (2) commercial building lots\] and eight (8) common lots on 7.64 acres of land in the R-40 & C-G zoning districts. A gross density of 20.51 units/acre is proposed overall in the residential portions of the development. The plat is proposed to develop in (3) phases as shown. The SFR on the south end of the site is proposed to develop first with 30 SFR attached & detached dwellings at a gross density nd of 16.5 units/acre; with the MFR development 2 with a total of 90 apartment units at a gross density of 28 units/acre (for an overall nd gross density of 28 units/acre); and rebuild of the commercial area last shortly after the 2 phase. The phasing plan is based on the type of loan the Applicant has on the property. Because the property is income producing, the loan will not allow the owners to disrupt the income being made off the existing commercial buildings and the mobile home park. Once the property is not encumbered by this loan condition, the owner will move forward with Phase II, providing market conditions warrant it; Phase III will follow shortly after. Due to the financing and timing, the Applicant requests an additional period of time of approximately 4-5 years, instead of the standard 2-years, to obtain the City Engineer’s signature on the second phase file plat. This will also allow ample time to notice the existing nd residents of the mobile home park of the plan to redevelop the property. Staff recommends the 2 phase final plat application is not allowed to be submitted for a minimum period of (4) years from the date of approval of the preliminary plat to allow residents of the mobile home park ample time to find other housing prior to redevelopment; this will require at least (1) time extension to be obtained in order for the preliminary plat to remain valid. There are (3) existing access driveways via Fairview, an arterial street – (1) for the retail paint store and (2) for the multi-tenant building – the western access is proposed to be removed and the eastern accesses are proposed to remain until redevelopment of that portion of the property occurs as removal at this time would negatively affect existing uses. Upon redevelopment of the commercial portion of rd the site, all access via Fairview shall cease and access should be provided via NE 3 St., the lesser classification of the two streets. rd There are (9) existing access driveways via NE 3 St., a local street designated on the MSM as a collector street – (2) for the commercial, (1) ingress-egress driveway for the mobile home park and (6) driveway accesses for individual homes. The northern rd access via NE 3 St. is proposed to be removed as it’s too close to the intersection and doesn’t conform to ACHD standards. The second access nearest Fairview is proposed to remain to serve the existing commercial retail store and a new driveway access is proposed 30’ to the south of the aforementioned driveway as depicted on the site plan in alignment with the driveway on the west side rd of 3. Due to the traffic conflicts that will likely result with the two driveways so close together, Staff recommends these two (2) rd accesses are combined and aligned with the driveway on the west side of 3 in accord with UDC 11-3A-3, which limits access points to rd collector streets. The existing driveway in alignment with Gruber Ave. on the west side of 3 is proposed to remain and be reconstructed as a 30’ wide curb return type driveway and has been approved by ACHD. The remainder of the accesses are proposed to be closed. No access exists via Badley Ave., a local street along the southern boundary of the undeveloped portion of the site. Two (2) new accesses are proposed via E. Badley Ave. to the SFR portion of the development, which also provides connectivity to the MFR and commercial portions of the development. Private streets (PS) are proposed for internal access to the proposed single-family and multi-family dwellings. With the subdivision, cross-access/ingress-egress easements should be granted between the SFR, MFR and commercial portions of the development via a note on the final plat or a separate recorded agreement in accord with UDC 11-3A-3. Alternative Compliance to the off-street parking standards for single-family dwellings, which requires parking pads to be located in front of the garage, to allow the parking pads for the 3-bedroom units to be located as close as possible to the corresponding unit, was approved by the Director. Additional ROW is required to be dedicated along Fairview but no improvements are required with this development as Fairview is listed in the CIP to be widened from 5- to 7-travel lanes with on-street bike lanes between 2036 and 2040. With development, the rd existing section of NE 3 St. is required to be reconstructed and the unimproved section between E. Gruber Ave. and E. Badley Ave. constructed as a complete collector street in accord with the MSM and in general conformance with The City’s Downtown Meridian Street Cross-Section Master Plan. Private streets are proposed for internal access to the proposed SFR & MFR units for addressing purposes. rd The Pathways Master Plan depicts a 10’ wide multi-use pathway off-site along the west side of NE 3 St. and along E. Fairview Ave. on this site. Internal pedestrian connections are required between the SFR, MFR and commercial portions of the development. rd A 25’ wide street buffer is required along Fairview & a 20’ buffer is required along NE 3 St., landscaped in accord with UDC standards. Because the SFR portion of the site is below 5-acres in size at 2.7-acres, the minimum common open space & site amenity standards don’t apply. The southern portion of this project is within the Meridian Floodplain Overlay District (zone AE) and will require a floodplain development permit. A CUP is proposed to construct a 90-unit multi-family development on approximately 2.8 acres of land in the requested R-40 district. Five (5) 3-story 18-plex multi-family structures are proposed containing a mix of 1- (45) and 2-bedroom (45) units ranging from 712 to 1,278 square feet in size. Off-street parking is provided in excess of the minimum standards with (9) extra spaces. Nine of the surface parking spaces need to be covered in order to meet the minimum standard for covered spaces. The amount of common open space proposed for the development also exceeds the minimum standards. A minimum 0.5-acre of common open space is required, 0.94-acre is proposed, which is almost twice the minimum required. A minimum of (4) site amenities are required, one from each category. The applicant proposes a swimming pool, clubhouse, dog park, community garden and a tot lot from the quality of life, open space & recreation categories. An additional amenity is required from the multi-modal category. Conceptual building elevations were submitted for the proposed single-family and multi-family structures as shown. The single-family cottages are all proposed to be 2-stories in height with 2-car garages, while the multi-family apartment buildings are proposed to be 3- stories in height. The clubhouse will be a single-story in height. The Applicant’s narrative states the multi-family buildings will use similar accents as the cottage units. A CUP is requested for the development of 10 SFR detached dwellings in the requested R-40 zoning district. Typically, SFR uses are not a desired use in the R-40 (high-density residential) zoning district. However, they are allowed as a conditional use. There are rd existing SFR dwellings to the west across NE 3 St. & to the south across E. Badley Ave. The proposed SFR homes at a higher density of 16.5 units per acre will assist in providing a transition to the MFR apartments planned in the second phase of this development and should be compatible with adjacent uses. For these reasons, Staff is supportive of the request. A CUP is requested to allow the existing nonconforming parking, landscaping, and mobile home park to remain as-is for an extended period of time until redevelopment occurs with the second & third phases of the proposed development. The nonconforming use of a portion of the site as a mobile home park and the parking and landscaping in the commercial portion of the development will remain as- is until the second and third phases of development respectively, which will be approximately 4-5 years. The reason for the lengthy request is so that the Applicant may proceed with development of the southern vacant portion of the site with Phase I, while allowing the residents of the mobile home park adequate time to find other housing options prior to redevelopment of that portion of the site with Phase II. Redevelopment of the commercial portion of the site isn’t proposed until the third phase of development. The extended time period for redevelopment of the mobile home park also accommodates the type of loan the Applicant has on the property and the income generating uses in the interim. The extended time period for the commercial portion of the development where the nonconforming parking and landscaping are located will allow the Fairview Ave. road widening project to be completed. For these reasons, Staff is supportive of the Applicant’s request. Written Testimony: None Staff Recommendation: Approval with the requirement of a DA with the provisions in the staff report Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2022-0013, as presented in the staff report for the hearing date of April 20, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2022- 0013, as presented during the hearing on April 20, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0013 to the hearing date of ____________for the following reason(s): (You should state specific reason(s) for continuance) ___________________________________________________________________________________________________________ Item #5: Noodles and Company at Ten Mile (H-2022-0087) Application(s):  Conditional Use Permit  Alternative Compliance Size of property, existing zoning, and location: This site consists of 0.63 acres of land, zoned C-G, located at 3103 W. Milano Drive. History: Development Agreement – Ten Mile & McMillan MDA H-2020-04967 Comprehensive Plan FLUM Designation: Commercial Summary of Request: Conditional Use Permit request for a new approximate 2,515 square foot quick-serve restaurant with a drive- through located within 300 feet of an existing drive-through facility to the south (EICU Ten Mile Branch H-2022-0007) and residential use to the east (McMillan Independent Senior Living Facility) currently under construction (H-2020-0004), which requires Conditional Use Permit approval (CUP) per UDC Table 11-2B-2. The proposed drive-through use is not a traditional drive- through but a “pick-up lane” for pre-made online orders and by phone only. the drive-through does not contain a menu board or speakers for traditional ordering, customers select a time at which their food will be available at the pick-up window allowing for a more efficient method for customers to pick up their food. Any change to the proposed use will require a modification to the CUP. There are also a number of vehicular-dominated uses to the south (a vehicle washing facility and a fuel sales facility) but they did not require CUP approval as they are specific uses that are principally permitted in the C-G zoning district. However, the nature of the nearby uses are vehicle dominated similar to that of a drive-through and staff has taken this into account when making its recommendation to the Commission. The proposed drive-through has a one-way drive aisle that circles the proposed building and leads to the shared drive aisle and parking lot. The site plan depicts plenty of queuing for vehicles, which should be sufficient for the proposed use as a pick-up-only drive- through. The stacking lane is a separate lane from the circulation lanes needed for access and parking and allows plenty of space for vehicles to stack The proposed hours of operation will be Sunday – Saturday from 10:00 am to 10:00 pm (C-G District shall be limited from 6:00 am to 11:00 pm when abutting a residential district). Access: One driveway access is proposed to the site via the shared east/west driveway along the east boundary of the site; this access is a shared access for all of the properties within this commercial subdivision that front on the abutting arterial streets (the senior living facility does not access this shared drive aisle). The shared access drive connects to both Ten Mile Road south of the subject site and also to Milano Drive north of the site. Parking: The proposed building is shown as 2,515 square feet requiring a minimum of 10 parking spaces—the submitted site plan shows 14 proposed parking spaces exceeding UDC minimums. Landscaping: Street buffer landscaping, including a sidewalk, along N. Ten Mile Rd. was installed with development of the overall subdivision. The submitted landscape plans show this buffer remaining as it currently exists. Alternative compliance is also requested to deviate from UDC 11-3B-8 (Parking lot landscaping), which requires a five-foot wide landscape buffer adjacent to the southern driveway, due to the limitations of the narrow lot space. The Applicant has re-designed their site in an effort to retain the pick-up window and included the properties to the north to demonstrate how they integrate with each other. In regards to the landscape buffer separation with the Bank, the Applicant is adding an additional 2-feet of landscaping on the Noodles side of the property line. This allows the drive aisle to remain 25-feet wide along the southern boundary to accommodate the required escape lane. The perimeter landscape buffer between Noodles and the Bank will result in a 10-foot wide buffer (8-feet on the Banks side, and 2-feet on the Noodles side) meeting the intent of the code. The Applicant is proposing additional shrubs in the landscape buffers along the north and west sides of the site. Based on the analysis, the Director is supportive of the request for ALT for the proposed 2-foot perimeter landscaper buffer along the southern boundary of the Noodles site Building Elevations: The Applicant submitted conceptual building elevations for the proposed restaurant with drive-through. The building elevations depict aluminum siding (dark national walnut/chaps in Dunn Edwards), EIFS smooth stucco finish with expansion joints (bungalow taupe/lonely road in Dunn Edwards), CMU brick (umber brown), stone/rock veneer (brownstone), and aluminum window system (medium bronze finish). The final design of the structure is required to comply with the design standards listed in the Architectural Standards Manual. Written Testimony: None - Staff Recommendation: Staff recommends approval with the conditions listed in the staff report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approval of File Number H-2022-0087, as presented in the staff report for the hearing date of April 20, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2022-0087, as presented during the hearing on April 20, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0087 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Planning and Zoning Commission Meeting April 6, 2023 Item #5: Noodles and Company at Ten Mile AERIAL MAPZONING MAPFUTURE LAND USE MAP 0087 -2022-HConditional Use Permit & Alternative Compliance– Site Plan t Landscape Plan Conceptual Building Elevations W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Promenade Cottages Subdivision (H-2022-0013) by Steve Arnold, A-Team Consultants, located at 403 E. Fairview Ave. Application Materials: https:Hbit.ly/H-2022-0013 A. Request: Rezone approximately 6.819 and 0.326 acres of land from the R-8 and C-G zoning districts to the R-40 (6.61 acres) and C-G (0.535 acres) zoning districts.B. Request: Preliminary Plat consisting of 30 single-family residential lots, 5 multi-family lots, 2 commercial lots and 8 common lots on 7.64 acres of land in the requested R-40 and C-G zoning districts.C. Request: Conditional Use Permit to construct a 90-unit, multi-family development on approximately 2.8 acres in the requested R-40 zoning district.D. Request: Conditional Use Permit to construct single-family, detached dwellings on the 10 of the 30 single-family residential lots in the requested R-40 zoning district.E. Request: Conditional Use Permit to allow the existing, non- conforming parking, landscaping and mobile home park to remain as is for an extended period of time in the C-G and requested R-40 zoning districts. PUBLIC-L-I-C-H EARMG-S DATE: April 20, 2023 ITEM # ON AGENDA: 4 PROJECT NAME: Promenade Cottages Subdivision (H-2022-0013) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 �E,(I,tJcs7Nlfe' IV i iA �o`�� 2 �r-57 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E T*,- COMMUNITY DEVELOPMENT DEPARTMENTfor r A M O HEARING 4/20/2023 Q Legend DATE: (Continued from: /19/23, &3/2/23) from: 1112122, 12115122, F Project Location IN 2 N2 �. TO: Planning&Zoning Commission FROM: Sonya Allen,Associate Planner 208-884-5533 - - - -- SUBJECT: H-2022-0013 ,: m 1{ Promenade Cottages Subdivision ® ® _ LOCATION: 403 E. Fairview Ave., in the NW 1/4 of H Section 7,Township 3N, Range IE. to H (Parcel#S1107212707) �® + �yrT� n F_ I. PROJECT DESCRIPTION The Applicant has submitted requests for the following: • Rezone of 6.82 and 0.33 acres of land from the R-8 and C-G zoning districts to the R-40 (6.61 acres)and C-G(0.54 acres)zoning districts; • Preliminary plat consisting of 45 building lots [30 single-family residential building lots, five (5)multi-family building lots,two(2)commercial building lots] and eight(8) common lots on 7.64 acres of land in the R-40 and C-G zoning districts; • Conditional Use Permit(CUP)to construct a 90-unit multi-family development on approximately 2.8 acres of land in the requested R-40 zone; • CUP to construct single-family detached dwellings on 10 of the 30 single-family residential lots in the requested R-40 zone; • CUP to allow the existing nonconforming parking, landscaping, and mobile home park to remain as-is for an extended period of time in the C-G and requested R-40 zoning districts; • Private streets(PS)are proposed for internal access to the proposed single-family and multi- family units; and, • Alternative Compliance(ALT)to the off-street parking standards for single-family dwellings listed in UDC Table 11-3C-6,which requires parking pads to be located in front of the garage,to allow the parking pads for the 3-bedroom units to be located as close as possible to the corresponding unit. Page 1 II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 7.64 acres Future Land Use Designation Commercial 2.12+/-acres and High Density Residential(HDR)(5.52+/-acres Existing Land Use(s) Commercial(retail/restaurant/multi-tenant),mobile home park,and vacant/undeveloped land. Proposed Land Use(s) Existing commercial(retail/restaurant)uses to remain, single-family residential (SFR)attached/detached and multi-family residential(MFR)apartments proposed. Lots(#and type;bldg./common) 45 total lots(30 SFR building lots,5 MFR building lots,2 commercial building lots,and 8 common lots Phases 3 Number of Residential Units 120 Density 20.51 units/acre overall in R-40 zoned area Open Space(acres,total See Section VI [%]/buffer/qualified) Amenities Swimming pool,clubhouse,dog park,community garden and a tot lot Neighborhood meeting date December 8,2021 History(previous approvals) Ross's Elm Grove Annexation(Ord.#183);Ross's Elm Grove Annexation No. 2(Ord.#185)(1969) B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Traffic Impact Study No(not required) es/no Access There are currently three(3)access driveways via E.Fairview Ave.,an arterial street, (Arterial/Collectors/State &nine(9)access driveways via NE 31 Street,a local street(planned to be a collector). Hwy/Local)(Existing and The three(3)access driveways via Fairview are proposed to remain until Proposed) redevelopment of the commercial area;three(3)access driveways are proposed via NE 3rd St. Stub Gruber Ave. stubs to NE 31 St.to the west of this property but does not exist on the Street/Interconnectivity/Cross property to the east where multi-family apartments exist.East Badley Ave.runs along Access the south boundary of the site.No stub streets exist to this property. Existing Road Network NE 31 St.is a 2-lane local street along the northern portion of the west boundary of the site that dead-ends at Gruber Ave. (it's unimproved between Gruber and Badley abutting the site);E.Fairview Ave.is a 5-lane arterial street along the north boundary of the site;and Badley Ave. is a 2-lane local street along the south boundary of the site. Condition of Area Roadways Fairview Ave.: Better than"E",which is an acceptable level of service for a 5-lane (Level of Service) principal arterial. Existing Arterial Sidewalks/ There is an existing detached 5-foot wide sidewalk along E.Fairview Ave.A 9+/-foot Buffers wide landscaped street buffer exists along Fairview between the western and the middle access driveway;the remainder of the site has no street buffer.A 4+/-foot wide attached sidewalk exists along NE 3'St.There is not a street buffer along NE 3' St.No sidewalk or street buffer exists along Badley Ave. Page 2 Description Details Proposed Road Capital Improvements Plan(CIP)t Integrated Five Year Work Plan(IFYWP): Improvements . Fairview Avenue is scheduled in the IFYWP to be widened to 7-lanes from Locust Grove Road to SH-55(Eagle Road)in 2025. Locust Grove Road is scheduled in the IFYWP to be widened to 5-lanes from Fairview Avenue to Ustick Road with the design year in 2026 and the construction year in the future. • The intersection of Fairview Avenue and Locust Grove Road is scheduled in the IFYWP to be widened to 7-lanes on the north leg, 7-lanes on the south, 9-lanes on the east, and 9-lanes on the west leg, plus enhanced pedestrian and bike facilities and intersection lighting in 2025. • Fairview Avenue is listed in the CIP to be widened to 7-lanes from Meridian Road to Locust Grove Road between 2036 and 2040. Fire Service • Distance to Fire 1.8 miles from Fire Station#1. Station • Fire Response Time Within 5-minute response time goal area. • Resource Reliability Fire Station#1 reliability is 76%(below the targeted goal of 80%) • Accessibility Proposed project meets all required road widths, access,and turnaround dimensions. • Risk Identification 4(current resources would not be adequate to supply service to this project) Police Service Distance to Police 2.1 miles Station Police Response Time 3:30 minutes(expected);3:45 minutes(average) Calls for Service 7,199 within a mile of the development %of calls for service split by priority Accessibility If this project includes climate-controlled hallways,PD requests further discussions with developer on plans for emergency police access into each building entry point using a multi-technology keypad. Specialty/resource needs PD already serves this area Crimes 734 Crashes 238 Other Reports West Ada School District Distance(elem,ms,hs) Meridian Elementary,Meridian Middle,Meridian High Capacity of Schools These schools can adequately support the students from this development. #of Students Enrolled #of Students Predicted 18 from this development Wastewater Distance to Sewer Connect to existing sewer main in E.Badley Ave Services Sewer Shed Estimated Project Sewer Additional 1585 GPD committed to model ERU's WRRF Declining WRRF declining balance is 14.35 MGD Balance Project Consistent with Yes WW Master Plan/Facility Plan Water Distance to Water Connect to existing water mains on NE. 31 St. and E.Badley Ave Services Pressure Zone 2 Page 3 1 1 1 1 1 1 1 •IIIiA nl 1■n1■� IIIII•IIIII■1►�■ ��L � �.-,;. I F' - s - • 1 __ i IIII - • - • - ■ a ■11��1�1► r 'y ■oo■■o r■IUlprym ! _k �■�O►`yunllsonnnnnnail N_m,• ,i,. � � -. "r r re� - ° p-_ - unuml ■ ■ is Y ! ° — L - • - e r' x rs ry ! 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APPLICANT INFORMATION A. Applicant: Steve Arnold,A-Team Land Consultants— 1785 Whisper Cove Avenue,Boise,ID 83709 B. Owner: Mark Kelly,Lesley's Mobile Estates, LLC 313 N. Main Street, Hailey, ID 83333 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 11/30/23, 1/4/23 Radius notification mailed to properties within 500 feet 11/13,22, 12/30/22 Site Posting 10/19/22 Nextdoor posting 11/28/22, 12/20/22 V. COMPREHENSIVE PLAN—STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.or /�compplan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates most of this property as High Density Residential(HDR) (5.52+/-acres)with some Commercial (2.12+/-acres) along E. Fairview Ave. The HDR designation allows for the development of multi-family homes in areas where high levels of urban services are provided and where residential gross densities exceed twelve dwelling units per acre. Development might include duplexes, apartment buildings,townhouses, and other multi-unit structures. A desirable project would consider the placement of parking areas, fences,berms, and other landscaping features to serve as transitions between neighboring uses. These areas are compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high-quality architectural design and materials and thoughtful site design to ensure quality of place; they should incorporate connectivity with adjacent uses and area pathways, attractive landscaping,gathering spaces and amenities, and a project identity. The Commercial designation will provide a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses, as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities. Sample zoning include: C-N, C-C, and C-G. The Applicant proposes to develop the southern HDR designated portion of the property with a mix of single-family attached(20)and detached(10)homes and multi-family apartments(90) at an overall gross density of 20.51 units per acres consistent with the density desired in HDR designated areas. The gross density of the multi-family development is 28 units/acre; with 11 units/acre for the single-family development. Although single-family detached units are not Page 5 specifically listed as a desired use in the HDR designation,the UDC does allow them with a conditional use permit in the R-40 zoning district. The southern 5.85 acres of land(6.61 acres including adjacent right-of-way to the centerline of the road) is proposed to be rezoned to R-40 consistent with the HDR designation. The proposed development should be compatible with the abutting multi-family development on the property to the east. A 15-foot wide landscaped buffer is proposed along the shared property line with the southern portion containing a pedestrian pathway. The southern and western portions of the property abut public streets(NE 3'St. and E. Badley Ave.). The existing retail store and restaurant/multi-tenant building/uses on the northern portion of the property in the C-G zoning district are proposed to remain. These uses provide services to area residents as desired in the Commercial designation. Transportation:Northeast 3'Street exists along the west boundary of the site and is a planned residential collector street per ACHD's Master Street Map(MSM) and north/south corridor through the City from Franklin Rd. to Fairview Ave. Preservation and dedication of right-of-way for the expanded street section and pathway is required with development [see Downtown Meridian City Core Street Cross-Section Master Plan (pg. 4-9)and the Comprehensive Plan (pg. 6-3)]. See analysis below in Section VI.B for more information. Comprehensive Plan Policies(https.11www.meridiancity.orklcompplan): The applicable Comprehensive Plan policies are cited below with Staff s analysis in italics. • "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City"(2.01.01 G). As discussed above, the subject property is proposed to develop with a mix of single family attached and detached dwellings and multi family apartment units, which will contribute to the diversity of housing types in this area. • "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities"(2.02.01A). The Pathways Master Plan depicts a segment of the City's multi-use pathway system along the west side of NE 3rd Street adjacent to the west boundary of this site; an existing sidewalk provides an on-street route for the pathway along the northern boundary of the site along Fairview Ave. Internal pathways are proposed from the perimeter sidewalks along E. Badley Ave. and E. 3rd Street to the central common area within the residential portion of the site. Qualified open space and site amenities will be required with development of the residential portion of the site in accord with the standards listed in UDC 11-3G-3 and 11-4-3-27C, D. • "Pursue the extension of Idaho Ave. and/or Broadway Ave. to Commercial Dr. and the extension of East 3rd St. from Fairview Ave. to Pine Ave. in Downtown."(6.01.021) Development of this site will facilitate the extension of NE 3rd Street from E. Badley Ave. to E. Fairview Ave. in general accordance with the Downtown Meridian Street Cross-section Master Plan. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F). City water and sewer service is currently provided to the existing uses and can be provided to Page 6 future uses within this development. Police and Fire protection is already provided to this property and will continue to be provided. • "Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure,road, and highway extensions,and to facilitate access management."(6.01.02M) Dedication of additional right-of-way and improvements for the expansion and extension of the NE 3.d Street corridor, a planned residential collector street, is required with this development in accord with ACHD's requirements. • "Encourage the development of high quality, dense residential and mixed-use areas near in and around Downtown,near employment, large shopping centers,public open spaces and parks, and along major transportation corridors, as shown on the Future Land Use Map." (2.02.01E) The proposed high-density development is in close proximity to the downtown area and shopping along the Fairview Ave. transportation corridor. Stafffinds this development to be generally consistent with the Comprehensive Plan, as noted above. VI. UNIFIED DEVELOPMENT CODE—STAFF ANALYSIS Note: The Applicant submitted this application on February 18, 2022; therefore, the UDC standards in effect at that time, dated November 30, 2021, apply to development of this site, not the current standards. A. Rezone(RZ): A Rezone of 6.28 and 0.33 acres of land from the R-8 (medium-density residential) and C-G (general retail and service commercial)zoning districts to the R-40(high-density residential) (6.61 acres)and C-G(0.54 acres)zoning districts is proposed for the existing commercial and proposed residential development in accord with the associated Commercial and HDR FLUM designations for this property. Legal descriptions and exhibit maps for the rezone areas are included in Section VIII.A of this report. There are two(2)commercial buildings (a retail store and a multi-tenant building with a restaurant) on the northern portion of this site along Fairview Ave. that are proposed to remain until the third phase of development; a redevelopment plan was not submitted for this area. A mobile home park exists to the south of the commercial area that is proposed to be removed and redeveloped with 90 multi-family apartments with the second phase of development. The southern portion of the site consists of vacant/undeveloped land that is proposed to develop with a mix of single-family attached(20) and detached(10)homes with the first phase of development. The existing retail store(Rodda Paint)and mobile home park are considered nonconforming uses in the R-8 zoning district, as defined in UDC 11-IA-1,as such uses are prohibited in the R-8 zoning district. See conceptual development plan included in Section VIII.D. The rezone to C-G will remove the nonconforming status of the retail store as such use is a principal permitted use in the C-G zoning district per UDC Table 11-2B-2. The mobile home park is a prohibited use in the proposed R-40 zoning district; a conditional use permit is proposed to extend the nonconforming use in the R-40 district until such time as the property redevelops. The proposed multi-family development is listed as a conditional use in the R-40 zoning district per UDC Table 11-2B-2 and is subject to the specific use standards listed in UDC 11-4-3-27. The proposed single-family attached dwellings are listed as a principal permitted use and the single- family detached dwellings are listed as a conditional use in the R-40 zoning district per UDC Page 7 Table 11-2A-2. The City may require a development agreement(DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application, Staff recommends a DA is required with this application,containing the provisions noted in Section VIII.A,as discussed herein. There is no development agreement currently in effect for this property. B. Preliminary Plat(PP): The proposed preliminary plat consists of 30 residential building lots for 20 single-family attached dwellings and 10 single-family detached dwellings, five(5)multi-family building lots, two (2)commercial building lots, and eight(8) common lots on 7.64 acres of land in the R-40 and C-G zoning districts. This property is within the Northern Gateway Urban Renewal District and within the Opportunity Zone. If approved,the tax increment from this project would go toward making public improvements in the area. The Applicant plans to develop the property in three(3)phases as shown on the preliminary plat. The single-family on the south end of the site is proposed to develop first with the multi-family second, and rebuild of the commercial area last shortly after the second phase.Due to the type of loan the Applicant has on the property and the income generating uses that exist on the site,the second phase of development where the mobile home park is currently located likely won't occur for at least another six(6)years. Staff recommends the second phase final plat application is not allowed to be submitted for a minimum period of six(6)years from the date of approval of the preliminary plat to allow residents of the mobile home park ample time to find other housing prior to redevelopment; this will require at least two(2)time extensions to be obtained in order for the preliminary plat to remain valid. Dimensional Standards: Future development should comply with the dimensional standards for the R-40 zoning district listed in UDC Table 11-2A-8 and for the C-G zoning district listed in UDC Table I1-2B-3. Subdivision Design and Improvement Standards(UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. Access(UDC 11-3A-3): There are three(3)existing access driveways via E. Fairview Ave., a principal arterial, designated on the Master Street Map(MSM)as a mobility arterial—one(1)for the retail store and two(2) for the multi-tenant building where a restaurant(i.e. Idaho Pizza) is located. There are nine(9) existing access driveways via NE 3'St., a local street,designated on the MSM as a residential collector street—two (2) for the commercial, one(1)ingress/egress driveway for the mobile home park, and six(6)driveway accesses for individual homes.No access exists via E.Badley Ave., a local street along the southern portion of the property as that portion of the site is undeveloped. The two(2)eastern accesses via Fairview for the multi-tenant building are proposed to remain until redevelopment of that portion of the commercial property occurs as removal at this time would negatively affect the existing uses; the western access is proposed to be removed as it's too close to the intersection and doesn't conform to ACHD standards. ACHD is supportive of both of the eastern accesses remaining until such time as the property redevelops. Staff recommends a DA provision requiring all access via Fairview Ave.to cease upon redevelopment of the commercial portion of the property and sole access to be taken via NE 3rd St.,the lesser Page 8 classification of the two streets,in accord with UDC 11-3A-3 and ACHD Policy. The topography of the eastern portion of the commercial site where the multi-tenant building and the eastern two(2)accesses are located is approximately 3-feet higher than the western portion of the site where the retail building and single access is located and there is no cross-access driveway between the two areas. The northern access via NE 3'St. is proposed to be removed as it's too close to the intersection and doesn't conform to ACHD standards. The second access nearest Fairview is proposed to remain to serve the existing commercial retail store and a new driveway access is proposed 30- feet to the south of the aforementioned driveway as depicted on the site plan in alignment with the driveway on the west side of 3rd. Due to the traffic conflicts that will likely result with the two driveways so close together, Staff recommends these two(2) accesses are combined and aligned with the driveway on the west side of 3rd in accord with UDC 11-3A-3,which limits access points to collector streets.The existing driveway in alignment with Gruber Ave. on the west side of 3'is proposed to remain and be reconstructed as a 30-foot wide curb return type driveway and has been approved by ACHD. The remainder of the accesses are proposed to be closed. Two(2)new accesses are proposed via E. Badley Ave. to the single-family portion of the development,which also provides connectivity to the multi-family and commercial portions of the development. With the subdivision, cross-access/ingress-egress easements should be granted between the single-family,multi-family and commercial portions of the development via a note on the final plat or a separate recorded agreement in accord with UDC 11-3A-3. Street Improvements: An additional 21-feet of right-of-way is required to be dedicated along Fairview Ave. consistent with the MSM; however,no street improvements are required with this application. Fairview is listed in the CIP to be widened from 5-to 7-travel lanes with on-street bike lanes between 2036 and 2040. With development,the existing section of NE 3rd St.is required to be reconstructed and the unimproved section between E. Gruber Ave. and E.Badley Ave. constructed as a collector street in accord with the MSM and in general conformance with The City's Downtown Meridian Street Cross-Section Master Plan,as follows: C F P31 renrrellon F Streafaceoe Befler � Parkway fiuflvr 'yf y � Furmhre L'ighl'ing � d Z �B.quired.�Duired .aR � r eeeeeee•�q EdeN�od'dA0Y1 Note:Staff is working with ACHD on an appropriate cross-section for this street that generally conforms to the above street section. Page 9 In accord with the right-of way referenced in the East 3rd Street Alignment Study and the stated need in the Cross-section Master Plan, Staff recommends the following street section for NE 3rd St.between Badley and Gruber to be constructed with the first phase of development: Buffer Sidewalk Parkway Curb Bikelane Lane Lane Bikelane Curb Parkway Sidewalk Buffer Total 4 14 a 2 D 13 13 D 2 8 5 1 65 For the street section between Gruber and Fairview to be constructed with the second phase of development,the existing section of 3rd St.should be reconstructed as 1/2 of a 40-foot street section with an 11-foot wide travel lane, an 8-foot wide planter strip and 5-foot wide concrete sidewalk abutting the site. Private Streets: Private streets are proposed for internal access to the proposed single-family and multi-family units for addressing purposes and are required to comply with the standards listed in UDC 11-3F- 4. Twenty-four(24)foot wide streets are proposed in the single-family portion of the development to serve the 2-story structures and 26-foot wide streets are proposed in the multi- family portion of the development to serve the 3-story structures in accord with Fire Dept. requirements. The private streets should be delineated from the parking areas on the common lot. The Director finds the proposed private streets comply with the aforementioned standards and the required Findings for approval(see Section X.F below). Therefore,the Director tentatively approves the private streets subject to completion of the tasks noted in UDC 11-3F-3B within one (1)year in accord with the Findings in Section X.F.Upon completion of these tasks and submittal of the required documents, final approval will be issued. Parking: Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for the use. Alternative Compliance is requested to the off-street parking standards for single-family dwellings listed in UDC Table 11-3C-6 (note#2),which requires parking pads to be located in front of the garage,to allow the parking pads for the 3-bedroom units on Lots 2, 5,9, 11, 12, 14, 19, 22, 24,26,28 to and 32 to be located as close as possible to the corresponding unit as shown on the parking exhibit in Section VIII.F. Although this request is irregular and not ideal, it still provides the required parking in fairly close proximity to the associated dwelling units. The walking distance from the parking spaces to the units they serve varies from 65 to 130 feet. Due to the proposed site design with alley-loaded units accessed by private streets,the Applicant states it's not feasible to comply with the required standards. Staff finds revisions could be made to the plan to comply but it would change the design of the project. Because the proposed alternative means of compliance meets the intent of the requirement by providing an equal means of compliance and shouldn't be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties in accord with the required Findings for such,the Director has approved the request(see Findings in Section X.G). Sidewalks(UDC 11-3A-1 : The UDC requires detached sidewalks along collector and arterial streets; attached sidewalks may be provided along local streets. There is an existing 5-foot wide detached sidewalk along E. Fairview Ave. and a 4+/-foot wide attached sidewalk along NE 3rd St.;no sidewalk exists along Badley Ave. When NE 3rd St., a Page 10 future collector street, is reconstructed and extended, a detached sidewalk will be provided. An attached sidewalk will be required along Badley Ave., a local street. A multi-use pathway is designated on the Pathways Master Plan along Fairview Ave. on this site. If on-street bike lanes are not constructed by ACHD with the Fairview road widening project, a 10-foot wide detached sidewalk will likely be constructed by ACHD in lieu of the bike lanes. The Applicant should coordinate with ACHD to ensure a 10-foot wide detached pathway is constructed rather than a pathway of lesser width in accord with the Pathways Master Plan. Pathways(UDC 11-3A-8): The Pathways Master Plan(PMP)depicts a 10-foot wide multi-use pathway off-site along the west side of NE 3'St. and an on-street route along E. Fairview Ave. on this site.All pathways should comply with the standards in UDC 11-3A-8. Accommodating the East 3rd Street Pathway is of the upmost importance. Meridian road does not have bike lanes or parkways separating the sidewalk from a 5-lane roadway. Similarly,Main Street does not have bike lanes and the narrow sidewalks do not accommodate bike use so close to storefronts. The City's only opportunity for a family-friendly strong north-south pathway is on 3rd Street which has one of the few rail crossings. This Pathway alignment is adopted as part of the Comprehensive Plan,Pathway Master Plan, and Street Cross-section Master Plan. Portions of East 3rd Street to the South(Carlton to Franklin)are programmed for widening and will incorporate the pathway. The pathway location on the west side has been identified as the safest option and needs to be kept in this alignment on one-side of the street to enhance appeal and promote its use in a pedestrian and bike-friendly downtown. Internal pedestrian pathways are proposed from the perimeter sidewalks to the main building entrances of the commercial buildings and within the single-family residential portion of the development to the central common area. Revisions should be made to the pedestrian plan to provide pedestrian connections between the single-family,multi-family and commercial portion of the development. The pedestrian access to Badley Ave. will provide a connection to the multi-use pathway along the Five Mile Creek to the east. A detached 10-foot wide multi-use pathway should be provided within the street buffer along Fairview with redevelopment of the commercial portion of the site in Phase 3 in accord with the PMP.ACHD may construct this pathway with the Fairview road widening project in 2025 if on- street bike lanes are not constructed. Landscaping(UDC 11-3B): A 9+/-foot wide landscaped street buffer exists along Fairview between the western and the middle access driveway; the remainder of the site has no street buffer. No street buffer exists along NE 3rd St. or Badley Ave. A 25-foot wide street buffer is required along E. Fairview Ave., an arterial street, and a 20-foot wide street buffer is required along NE 3'St.,to be improved as a collector street,per UDC Tables 11-2A-8 and 11-2B-3.No street buffer is required along Badley Ave. Landscaping is required to be installed within the street buffers in accord with the standards listed in UDC 11-3B- 7C. The buffer on the commercial portion of the property will be required with the third phase of development which should follow the Fairview Ave.road widening project. All residential subdivision street buffers are required to be on a common lot,maintained by the homeowner's association per UDC 11-3B-7C.2a. All commercial street buffers are required to be on a common lot or on a permanent dedicated buffer,maintained by the property owner or Page 11 business owner's association per UDC 11-3B-7C.2b. Landscaping is required adjacent to all pathways within the site in accord with the standards listed in UDC 11-3B-12C. There are existing trees on this site that are proposed to be removed with development. Mitigation is required in accord with the standards listed in UDC 11-3B-I0C 5. Mitigation information should be included on the landscape plan in accord with UDC standards. Common Open Space: The UDC(11-3G-2)does not include minimum open space standards for single-family developments in the R-40 zoning district that are under 5 acres in size. Because the single-family portion of the development is only 2.7+/-acres in size,open space is not required. Common open space is proposed as shown on the landscape plan. Common open space for multi-family developments is required per the standards listed in UDC 11-4-3-27C(see CUP analysis below for more information). Site Amenities: The UDC(11-3G-2)does not include minimum site amenity standards for single-family developments in the R-40 zoning district that are under 5 acres in size. Because the single-family portion of the development is only 2.7+/-acres in size, site amenities are not required. Site amenities are proposed consisting of a 1,260 square foot clubhouse,a plaza area with seating, a community garden,tot lot and a dog park. Site amenity standards for multi-family developments are listed in UDC 11-4-3-27D(see CUP analysis below for more information). In the commercial area, a gazebo and plaza areas are proposed for each building. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City as set forth in UDC 11-3A-18. The Applicant submitted a Geotechnical En ink eeringReport for the subdivision. Stormwater integration is required in accord with the standards listed in UDC 11-3B-II C. Pressure Irrigation: Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. This property lies within the Nampa-Meridian Irrigation District boundary. Utilities: Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Street lights shall be installed in accord with the City's adopted standards, specifications and ordinances. Waterways: There are no waterways of significant size that cross this site. All waterways on this site shall be piped as set forth in UDC 11-3A-6B.3,unless otherwise waived by City Council. The southern portion of this project is within the Meridian Floodplain Overlay District(zone AE). A floodplain development permit is required before land disturbance begins.All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.The lowest finished floor of the buildings must be elevated to flood protection levels with BFE and lowest finished floor noted on final grading Page 12 plans. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7.No fencing is depicted on the landscape plan. However,the Applicant intends to construct 6-foot tall solid vinyl fencing along the eastern and northern boundaries of the residential portion of the development to screen the residential from the commercial uses. Fencing details should be included on the landscape plan submitted with the final plat application(s). C. Conditional Use Permit(CUP)—Multi-family Development: A CUP is requested for a multi-family development consisting of 90 residential units on approximately 2.8 acres of land in the requested R-40 zoning district in accord with UDC Table 11-2B-2. Five (5) 3-story 18-plex multi-family structures are proposed containing a mix of 1-(45) and 2-bedroom(45)units ranging from 712 to 1,278 square feet in size. Note: The Applicant doesn't expect the 2nd phase of development in which the multi family development lies, to develop for at least another six (6)years due to the type of loan they have on the property and restrictions associated with it. Specific Use Standards(UDC 11-4-3-27): The proposed use is subject to the following standards: (Staffs analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties. The site plan included in Section VII.D depicts buildings at a minimum setback of 10 feet; no greater setback is required. 2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The plans submitted with the Certificate of Zoning Compliance application should demonstrate compliance with this standard. 3. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios,decks,and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section I I-5B-5 of this title. The Applicant's narrative states each dwelling unit will have a minimum 80 square foot patio or balcony, which meets this standard. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area. The Applicant should comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to Page 13 All Districts", of this title.Based on (45) 1-bedroom and(45) 2-bedroom units, a minimum of 167 off-street vehicle parking spaces are required, including nine(9)guest parking spaces, with 90 of those being in a covered carport or garage per UDC Table 11-3C-6.A minimum of two (2) additional parking spaces are required for the 1,260 square foot clubhouse per UDC 11-3C-6B.1. Total off-street parking required for the multi family development is 169 spaces with 90 covered spaces. The site plan depicts a total of 176 spaces with 81 of those being covered, which is nine(9)more than the minimum required but nine(9)fewer covered spaces than required.A minimum of nine(9) of the parking spaces proposed should be covered Based on the number of vehicle parking spaces proposed(i.e. 176), a minimum of seven (7)bicycle parking spaces are required per UDC 11-3C-6G that comply with the standards listed in UDC 11-3C-5C. Bike racks should be provided in central locations for each multi family building and the amenity building. Bicycle parking should be included on the site plan in accord with these standards. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) The location of these items should be depicted on the site plan submitted with the Certificate of Zoning Compliance application. Common Open Space Design Requirements (UDC 11-4-3-27C): The total baseline land area of all qualified common open space shall equal or exceed 10% of the gross land area for multi-family developments of 5 acres of more.Because the site is only 2.8 acres in area, this standard does not apply. Common open space areas are required to comply with the standards listed in UDC 11-4-3- 27C.2,which state that open space areas must be integrated into the development as a priority and not for the use of land after all other elements of the development have been designed. These areas should have direct pedestrian access,be highly visible, comply with CPTED standards and support a range of leisure and play activities and uses—irregular shaped, disconnected or isolated open spaces do not meet the standard. Open space areas should be accessible and well connected throughout the development(i.e. centrally located, accessible by pathway and visually accessible along collector streets or as a terminal view from a street). Open space areas should promote the health and well-being of its residents and support active and passive uses for recreation, social gathering and relaxation to serve the development.Pathways should be provided to the central common open space area for pedestrian access. All multi-family projects over 20 units are required to provide at least one (1)common grassy area of at least 5,000 s.f. in area that's integrated into the site design allowing for general activities by all ages,which may be included in the minimum required open space. The area shall increase proportionately as the number of units increase and shall be commensurate to the size of the development as determined by the decision-making body. The site plan depicts a central common open space area of 8,907sf. that meets this Page 14 requirement. In addition to the baseline open space requirement,which doesn't apply in this instance, a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area.All units contain more than 500 square feet(sf.) of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred(1,200) square feet of living area.All of the proposed 90 units contain between 500 and 1,200 s.f of living area; therefore, a minimum of 22,500 sf. (or 0.5 acre) of common open space is required. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. None of the units contain more than 1,200 square feet. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty feet(20'). All qualified areas meet this standard. The qualified open space exhibit depicts 0.94-acre of qualified open space, which is 0.44- acre above the required amount. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. The multi family portion of the development is proposed to be constructed in one phase as the second overall phase of development. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4)in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff.retroactive to 2-4-2009) Some of the qualified open space is located adjacent to a collector street(i.e.NE 3rd St.). As such, a berm or constructed barrier should be provided in accord with this standard. Site Development Amenities: 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. (5) Dog park with waste station. (6) Commercial outdoor kitchen. (7) Fitness course. (8) Enclosed storage. b. Open space: Page 15 (1) Community garden. (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables,benches, landscaping and a structure for shade. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards: (1) Bicycle repair station. (2) Park and ride lot. (3) Sheltered transit stop (4) Charging stations for electric vehicles 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2)amenities shall be provided from two(2)separate categories. b. For multi-family development between twenty(20) and seventy-five(75)units,three (3)amenities shall be provided,with one from each category. c. For multi-family development with seventy-five(75)units or more, four(4) amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Based on 90 multi family units, a minimum offour(4)amenities are required with at least one from each category listed in UDC 11-4-3-2 7D.1. The site plan depicts the following amenities: a swimming pool, clubhouse, dog park, community garden and a tot lot from the quality of life, open space and recreation categories.An additional amenity should be provided from the multi-modal category. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(3')wide. Page 16 b. For every three(3)linear feet of foundation,an evergreen shrub having a minimum mature height of twenty-four inches(24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features. The Applicant shall comply with this requirement. Landscaping(UDC 11-3B): Street buffer landscaping is required to be installed with the subdivision improvements(see analysis above in Section V.B). Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B- 12C.A mix of trees,shrubs,lawn and/or other vegetative ground cover with a minimum of one(1)tree per 100 linear feet of pathway. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall solid screen fence is proposed along the northern&western boundaries of the multi-family development. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structures multi-family as well as the single-family structures, included in Section VII.G. The single-family cottages are all proposed to be 2-stories in height with 2-car garages,while the multi-family apartment buildings are proposed to be 3-stories in height. The clubhouse will be a single-story in height. The Applicant's narrative states the multi-family buildings will use similar accents that the cottage units will have. A Certificate of Zoning Compliance application is required to be submitted for approval of the multi-family development and re-development of the commercial development to ensure compliance with UDC standards and development provisions associated with this application.A Design Review application is required to be submitted for approval of the single-family attached and multi-family structures and future commercial structures or changes to existing commercial structures.Final design of all structures must comply with the design standards in the Architectural Standards Manual. D. Conditional Use Permit(CUP)—Single-family Dwellings in R-40 District: A CUP to requested for the development of 10 single-family detached dwellings in the requested R-40 zoning district as required by UDC Table 11-2A-2. Typically, single-family residential uses are not a desired use in the R-40(high-density residential)zoning district.However,they are allowed as a conditional use. There are existing single-family residential dwellings to the west across NE 3rd St. and to the south across E.Badley Ave. The proposed single-family homes at a higher density of 16.5 units per acre will assist in providing a transition to the multi-family apartments planned in the second phase of this development and should be compatible with adjacent uses. For these reasons, Staff is supportive of the request. Page 17 E. Conditional Use Permit(CUP)—Nonconforming Use: A CUP is requested to allow the existing nonconforming parking, landscaping, and mobile home park to remain as-is for an extended period of time until redevelopment occurs with the second and third phases of the proposed development. Per UDC 11-1A-1, a nonconforming use is defined as,"A use that lawfully existed prior to the effective date of this title but that does not now conform to the allowed uses for the district in which it is located. For the purpose of this title,nonconforming parking lot design and landscaping shall be deemed a nonconforming use."A nonconforming use may be extended through approval of a CUP as set forth in UDC 11-1B-4A.la. The nonconforming use of a portion of the site as a mobile home park and the parking and landscaping in the commercial portion of the development will remain as-is until the second and third phases of development respectively,which will be a minimum of six(6)years. The reason for the lengthy request is so that the Applicant may proceed with development of the southern vacant portion of the site with Phase I,while allowing the residents of the mobile home park adequate time to find other housing options prior to redevelopment of that portion of the site with Phase 11. Redevelopment of the commercial portion of the site isn't proposed until the third phase of development. The extended time period for redevelopment of the mobile home park also accommodates the type of loan the Applicant has on the property and the income generating uses in the interim. The extended time period for the commercial portion of the development where the nonconforming parking and landscaping are located will allow the Fairview Ave.road widening project to be completed. For these reasons, Staff is supportive of the Applicant's request. VII. DECISION A. Staff: Staff recommends approval of the requested Rezone,Preliminary Plat and(3)Conditional Use Permit applications per the Findings in Section IX of this staff report. The Director has approved the requested Private Street and Alternative Compliance administrative applications associated with this project. Page 18 VIIL EXHIBITS A. Rezone Legal Descriptions and Exhibit Maps Descrption for R-40 Zane September 2,2022 A parcel of land located in the Northeast 114 of the Northwest 114 of Section 7, Township 3 North, Range 1 East of the Bolse Meridian,City of Meridian,Ada County, Idaho more particularly described as follows: Commencing at the 1/4 corner common to Sections 6 and 7,T.3N., R.1 E., B.M.,from which the Section corner common to Sections 1 and 12,T.3N., RAW.. B.M., and said Sections 6 and 7 bears South 88035'29"West,2,404.77 feet;thence on the centerline of E. Fairview Avenue,South 89011'04"West,629.99 feet;thence leaving said centerline,South 0003512'West,310.09 feet to the REAL POINT OF BEGINNING; thence continuing South 00'35'12'West,686.83 feet to the centerline of E. Badley Avenue; thence on said centerline, North 69130'43"West,393.75 feet to the intersection of E. Badley Avenue and NE 3rd Street; thence on the centerline of NE 3rd Street,North O0a28'17'East,730.12 feet; thence leaving said centerline, South 89028'01" East, 90.00 feet to the exterior line of the City of Meridian C-G Zone; thence on said exterior boundary line the following two(2)courses and distances: South 00°28'17"West, 50.16 feet; North 89`11'04' East,305.21 feet to the REAL POINT OF BEGINNING. Containing 6.284 acres,more or less. End of Description. fl Kk. LAND �J ENS 11779 0 at' tia� f4f, Ali rC p, Page I of I Page 19 ' Sccle: 1"=20:7' ❑ 50 100 200 40.. Basis of Bearings _ 58815'29"W 2404,77'' ......... fe 51 56 S89'11'04`W 629.99' 1 S6 - r 57 S12 57 - -_�_— --- - Ui lA I N � d O O D W k7 O L1 I ' Real Paint __`__ of Beginning n N89'11'04"E 305.21' iv e* ±fi.284 W Acres E. Gruber Ave. Co gv Line Table in z a Line Bearing Length v L1 S89'28'01"E 90,00' 1-2 S❑4'28'17'W 50.16' —E. Badley Ave. _ FN89'3fl'43'W 393,75' E N S � 11779 11779 w �QQ� � OFIO�p� hfcGA�'� Aedik—d Tope 21.211 V-%)o.vie R-5 kn R-40 t.d,u V112022&�tl3 iw o. IDAHC Exhibit for 216 21 SURVEY W,S,6.E R'`nsF R-40 Zone Sheet No. BOIfiE,S1p.M¢S3/94 (2as)�m 1 {GROUP LLC Locoed In the NE1/4 of the NWIf4 of Section 7, owg. Date ' T.3N., ME. BAA., Crty of Werldlon, Ada County, Idaho. 9 f2f2022 Page 20 Description for R-40 Zone September 2, 2022 A parcel of land located in the Northeast 114 of the Northwest 114 of Section 7, Township 3 North, Range t East of the Boise Meridian,City of Meridian,Ada County, Idaho more particularly described as follows: Commencing at the 1{4 corner common to Sections B and 7, TAN., R.1 E., B.M.,from which the Section corner common to Sections 1 and 12, T.3N., RAW., B.M.,and said Sections 6 and 7 bears South 88'35'29" West, 2,404.77 feet:thence on the centerline of E. Fairview Avenue, South 8901 T04' West, 629.99 feet;thence leaving said centerline, South 00'35'12"West, 267.11 feet to the REAL POINT OF BEGINNING; thence continuing South 01Y35'12"West, 42.98 Feet to the exterior boundary line of the City of Meridian C-G Zone; thence on said exterior boundary line the following two(2)courses and distances: South 89Q11'04'West,305.21 feet; North 0002817' East,50.16 feet; thence leaning said exterior boundary line, South 89`28'fl1" East,305.22 feet to the REAL POINT OF BEGINNING. Containing 0.326 acres,more or less. End of Description. N- LAND S ENSt 1 779 X Iz4z- � 00. OF k P q McC� � Page IofI Page 21 Scale: 1"=20V 0 50 100 200 400 Basis Of Bearings i� w S88-35'29"W 2404.77- ......... Of E. Fairview Ave. Sl S$• ..,.. 599'11 U4"w 629.99 •''1�4 S fi 512 57 --_-- Section ---��— S7 line 3 kiH n u3 M C N a I I la Real Point 58fD,9'28'O7"E 305.22' of Beginning �� I � 32B Acres � 59911'64"W 305.21, — i I I I Ln r� Ln w 2 Line Table E. Gruber Ave. I Line Searing Length 0 SOO.35'1 ZW 42.9t3' L2 NOD-28'17"E 50.16' I I I 1 I E. Badley Ave. ——— 1pt�4+k L NO 4�Gt N g 1 779 •�c.e.o I,f1l and i�r:xi ni\e.gy.-xw+• �-c le R_no r..a� 3/zln7 s�.o-r PrA Jah No- IDAHO Exhibit for 21-21+ SURVEY Mssn EMEIWo4 R-40 Zone Sheet No- B41Sk,IUAHO�170 i PCOME;WC GROUP, LLC Located in the NE1/4 of the NW/4 of Section 7, owv. Cuis T-31N., R.1E., B.M., My of Merldian, Ada County, Idtiho- 9/2/2022 Page 22 Description for C-G Zone September 2, 2022 A parcel of land located in the Northeast 114 of the Northwest 114 of Section 7, Township 3 North, Range I East of the Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1 E., B.M., from which the Section corner common to Sections 1 and 12, T.3N., R.1 W., B.M., and said Sections 6 and 7 bears South B803529" West, 2,404.77 feet; thence on the centerline of E. Fairview Avenue, South 8V11'04' West, 935.83 feet to the exterior boundary line of the City of Meridian C-G Zone and the MEAL POINT OF BEGINNING; thence on said exterior boundary line, South 00°28'17" West, 259.92 feet: thence leaving said exterior boundary line, North 89'28'01" West, 9 0.00 feet to the centerline of NE 3rd Street; thence an said centerline, North 00°28'17' East, 257.80 feet to centerline of E. Fairview Avenue; thence on said centerline, North 89'11'04" East, 90.02 feet to the REAL POINT OF BEGINNING. Containing 0.535 acres, more or less. End of Description. NO h s� Apr OF 4� q Page 1 of 1 Page 23 Sea€e: 1n{200' 0 50 t00 200 400 Sosis of 8earir€gs _ w 588'35'29"W 2404.77' ............... . . . . E. Fairview Ave. a (if ( _!_ 9'11'04"W 935.$3' _ 14r1k 56 51 56 L2 58 heal Paint _ 57 S12 57 elion�kw g of Beginning f - k t line C, m a C-j kn aN Z a a J + N m I I L1 En I I En °C Line Fable Ir i Line Bearing Length • I E. Gruber Ave, L1 N89'28'01"WW 90,00' L2 N8911WE 90.02' I {I I I II I r —E. Bod€ey Ave. -— - - ` N,, LAND � 410,1GN� Cr _ 4 11779 74 � �O� rE O F l9�dz �4t p, 3 kc c. aaeW—1 rpe c-c e.a� 9/7p21vz 4 M]s IDAHO Exhibit for 216 21 SURVEQQ �/ DHSSW.Ey1ERAl1}ST [�`—V UC1e Sheet 4", Y 9018E�ILUM�93704 GROUP, LLC located In th. NE1/4 of the Nw1/4 of Seotion 7, cwg- Pot. T.3N., R.1E., 9.M., CIly of 1d idion, Ada County, Idaho- 9/2/2022 Page 24 B. Preliminary Plat(dated: 4/7/2023) - 1 'PRELIMINARY DEVELOPMENT FEATURES LRLI,. �.�g — B ioiss�.r wrtx:e a o.OiuEerm .o.asw.merc _ a x� iA��4� I �•�cx� �eR 1r�L g" JLR o PROJECT LOCATION —e LEGEND P I i xano sEcnow PBUAIEBABE C017ABES SUBBlVISfBB rxruarxaervurear %ANPIIl EEtlRA4T lV1HWfR r SHFEf1OF1 Page 25 C. Landscape Plan(date: 4/7/2023) _ L 4 AiIe,�=oA� ICI s. ,I f T. II PROMENADE COMITES SUROIEISlOA ��' �® '" ort uxoscaxvux PLANT PALLETT-94I1469 LANDSCAPE NOTES LAND-',GAPE CALCULATIGN& ISOMETRIC VIEW PLANT Ill-TREES ID o 6•LmAI!cWLE DETAIL DEVEI..OPMENT DATA' ruc. --T- a_ a PRUAMRARECUTEARESSUM MIU 1R�PLNIIMGlBTAKMG �41"IEL PLPNRJG ��'" ��. PLV COIEI TEAM Page 26 D. Site Plan(dated: 4/7/2023) PRELIMINARY DEVELOPMENT FEATURES c NOTES. B �nE inw�nx.,omm MULTIFAMILY COTTAGES �I LEGEND PROJECT LOCATION WJ ..E W.a. .. O .._...:-.. _E — o�a�K �wa.aF.cm�nrwxxo ° "E " mxufrex PROMENADE COTTAGES SUBDIVISWN SUEPLANAW wa�anr�n •TeM,..,, Page 27 E. Open Space Exhibit(dated: 4/7/23) E,srso sr ———— e A. cap E nrv„E s —0-S MIVE PHASE! { PHASE3 R-40 f-S GG S rHuuaas ori� ,_' IIIIL�JjI COTTAGES OPEN SPACE CALCS TOTAL AREA=32.72 AC LEGEND' QUALIFYING OPEN SPACE=3.69 AC(25.4%) MULTIFAMILY OPEN SPACE CALS TOTAL AREA=t3.13 AC QUALIFYING OPEN SPACE=t.94 AC(30.03%) COMMERCIAL OPEN SPACE CALCS w.�wx PROMENADE CUiTASE$SUBOlVUrYUM TOTAL AREA=t1.78 AC aR n OM SPA PI A OPEN SPACE(NO REQUIREMENTS)=f25 AC(14.04%) Page 28 F. Parking Exhibit(dated: 4/7/2023) PARKING FEATURES RESERVED PARKING ! I II I I II COLONNADE DRIVE _ COTTAGES L—_J L__ _J PH [ [ [ — R-4040 rc d ❑ a ,6, o _ PROJECT LOCATION - II 9 I I 11 I ALAMFDA DRIVE xww.T f [ I I I I I � - [ ViciwrvonaP -COTTAGES ® s V aawu �� awuEron Po PMOMEMAOEEOTTAME$SUMOMMOM a`"`^'m nurwuear�er •TEAM.... Page 29 G. Conceptual Building Elevations Cottages: - �r's'a�r"�P41p.•,''Ei 1 It R,"s�p�� II fps - r ICI ma' 0-M� JAI� CompoSI west elevation Y mnn Composite Noslh ElevWion ll Composite South Elevolion �._slich t@f k - L Meln.-Lr HOUSING fir Imo' WhM,C1I dSubdWI,I- woe wee woe eeo coe Compmlle Elevvlbns SUD3 Composte East ElevaXon n „„ P-1/P-3 SOUTH(1 P-10-3 EAST(1 $I7_ L � { slgchtes� ®® M ®® ®® Mum PMULv HOUSING ®® �'rvhf CI0.d SUbdMston Elevallons Hnlh P•1/P•] P•1/P•3 NOMTX 3 _ P•1/P.3WM �A3.02 Page 30 ®® ©©� ®® ©©® ®® ®®® P•2 SOUTH q P•2 EAST/2, _- shchtes� e� � I�IIh��1�yy]�tI O i MULTI-F-Y HOUSING Mile Cloud Subdivhlon ElevaXons P-2 P-2-NORTH� P-]WESf/, LJ lsms �A3.03 P-4/P-5 SOUTH 4 P•4/P•5 FASi 2 , shchterl �® ®� `. MurnaAMlLr xousExG ®® Whr.Cloud Subdhlslen EL ElevaXons P.4/P-S P-4/P-5 NORTX(mil P-4/P-5 WEST�1 15-003 A3.04 Page 31 fFF91LF N01FS; -- LI - ��' i � ©6 �. l L � P-6 SOUTH P-6 EAST oo� III I III �®� �Mum-raMfFT xolmPfc ®®® WhU Cloutl SubtlNlslon ElevaSons P-d P•6 NOPTH/1 P•6 WEST/1 13-0L3 A3.03 P-4/P-3 PAST zA - S sllchterl or l moo Mum--LYHOD— ®®® ®®� =CloutlSubdWld- ElcvaHons P�/P•4 P-4/P-3 NORTH 3 P-4/P-3WEST n KA3.06 Page 32 ®® U ® ®® EL P-1/P•4 SOUTH �� P•1/P.4 EAST 8 �t a f sllvn, � pow ��. _ ®®® _ ®®® �MULII•IAAULY HOUSING Mr.Cloud SebdMslon El.v ...P-I/P.4 P-1/P-4 NORTX n P-I/P-4 WEST�nl �A3.07 Floor Plans: https:llweblink.meridiancioy.or lWebLinkIDocView.aspx?id=274096&dbid=0&repo=MeridianC hty Page 33 Apartments(18-plex): REAR ELEVATION �. G- 7- - FRONT ELEVATION I _ - SIDE ELEVATION UNIT 2x2-1 UNIT 1 x 1-1 UNIT ix1-2 UNIT 2x1-1 UNIT x1-2 UNIT2x1-2 FF --1 ELM GROVE APARTMENTS Page 34 Clubhouse: 'NISI ELEVAHON 50UEH L-LEVp310N .: cif..," .. .. .,i�. ra SO'#' OCNCRETE WALK IVALIS ■ I I I I I I I I I ry I:C.,..L t� f , I I ■ I � I I I I I I I I ' I POOL ENTRY) I C FF. 411ITrE ■ 7•k J I 707 I L————————————————————————————J Page 35 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Rezone 1.1 A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the site plan, landscape plan,phasing plan and building elevations included in Section VIII and the provisions contained herein. b. The final plat application for the second phase of development shall not be submitted to the Planning Division for a minimum period of six(6)years from the date of approval of the preliminary plat to allow residents ample time to find other housing prior to redevelopment of the site. c. All access via E. Fairview Ave. for the subject property shall cease upon redevelopment of the commercial portion of the property and sole access shall be taken via NE 3rd St.,the lesser classification of the two streets,in accord with UDC 11-3A-3 and ACHD Policy. d. With the first phase of development,the developer shall street section for NE 3rd St. between Badley and Gruber to be constructed with the first phase of development: e. With the first phase of development,the Developer shall construct NE 3rd St.between E. Badley Ave. and E. Gruber Ave. as a complete street section(from west to east abutting the site), as follows: west side—4-foot wide buffer, 10-foot wide sidewalk/pathway, 8-foot wide parkway,2-foot wide curb,two(2) 13-foot wide travel lanes,2-foot wide curb, 8-foot wide parkway, 5-foot wide sidewalk and 1-foot wide buffer within 66-feet of right-of-way. f. With the second phase of development,the Developer shall reconstruct NE 3'St. between E. Gruber Ave. and E.Fairview Ave., as half of a 40-foot wide street section with an 11-foot wide travel lane, an 8-foot wide planter strip and 5-foot wide concrete sidewalk abutting the site. g. The existing nonconforming parking and landscaping in the commercial portion of the development; and the mobile home park in the R-40 zoning district, is allowed to remain until redevelopment of the site in accord with the phasing plan as approved with the conditional use permit for extension of these nonconforming uses. h. Depict pedestrian connections between the single-family,multi-family and commercial portions of the development. All pathways should comply with the standards in UDC 11-3A-8. Page 36 2. Preliminary Plat 2.1 The final plat(s) shall include the following revisions: a. Depict a 25-foot wide street buffer along E. Fairview Ave., an arterial street,and a 20-foot wide street buffer along NE 3'St.,to be improved as a collector street, within a common lot or on a permanent dedicated buffer easement,maintained by the property owner,homeowner's association or business owners' association,per UDC 11-3B-7C 2a. b. Remove the western-most driveway access driveway via E. Fairview Ave. on the commercial portion of the property as it does not meet ACHD policy. c. Remove one of the two driveway accesses via E. Fairview Ave. in front of the existing multi-tenant building in accord with UDC 11-3A-3,unless otherwise waived by City Council. d. Combine the two (2)northern access driveways via NE 3'St. and align the driveway with the driveway on the west side of NW 3'St. e. A cross-access/ingress-egress easement shall be provided between the single-family, multi-family and commercial lots via a note on the final plat or a separate recorded agreement in accord with UDC 11-3A-3. £ Depict the private streets within a perpetual ingress/egress easement on the common lot(s)to delineate them from parking areas. 2.2 The landscape plan included in Section VII.0 shall be revised as follows: a. Depict a 25-foot wide street buffer along E. Fairview Ave., an arterial street, and a 20-foot wide street buffer along NE 3'St.,to be improved as a collector street,with landscaping in accord with the standards listed in UDC 11-3B-7C. b. Landscaping is required adjacent to all pathways within the site in accord with the standards listed in UDC 11-3B-12C. c. Mitigation information should be included on the landscape plan for all existing trees that are being removed with development in accord with the standards listed in UDC 11-3B-IOC 5. d. Depict a minimum 5-foot wide detached sidewalk with an 8-foot wide parkway along the east side of NW 3'Street in accord with the Downtown Meridian Street Cross- Section Master Plan(see pg. 4-11). e. Depict a 10-foot wide detached sidewalk/pathway along E. Fairview Ave. within the street buffer if not constructed by ACHD with the Fairview Ave. road widening project. 2.3 Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district and UDC Table 11-2B-3 for the C-G zoning district. 2.4 All private streets within the development shall comply with the design and construction standards listed in UDC 11-3F-4. 2.5 Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. Alternative Compliance was approved for Lots 2, 5,9, 11, 12, 14, 19, 22,24,26,28 to and 32,to allow the parking pads to be in alternate locations as depicted on the parking Page 37 exhibit in Section VIII.F instead of in front of the garages. 2.6 The Applicant shall comply with all ACHD conditions of approval. 2.7 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-I5,UDC 11-3B-6 and MCC 9-1-28. 2.8 Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 2.9 A Design Review application shall be submitted for approval of the single-family attached structures. Final design shall comply with the design standards in the Architectural Standards Manual. 2.10 The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. 3. Conditional Use Permit(multi-family development): 3.1 Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family Development and the dimensional standards listed in UDC Table 11-2A-8 is required. 3.2 The site/landscape plans submitted with the Certificate of Zoning Compliance shall be revised as follows: a. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street,or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. b. Depict the location of the property management office;maintenance storage area; central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access; and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. c. Depict landscaping along all the foundation of all street facing elevations in accord with the standards listed in UDC 11-4-3-27E. d. Depict landscaping along all pathways per the standards listed in UDC 11-3B-12C.A mix of trees, shrubs, lawn and/or other vegetative ground cover with a minimum of one(1) tree per 100 linear feet of pathway. e. Depict a minimum of 176 off-street parking spaces as proposed with at least 90 of those being in a covered carport or garage per UDC Table 11-3C-6. f. Depict a minimum of 7 bicycle parking spaces(based on 176 vehicle parking spaces proposed)per the standards listed in UDC 11-3C-6G;bicycle parking facilities shall comply with the standards listed in UDC 11-3C-5C. Bike racks should be provided in central locations for each multi-family building and the amenity building. g. Pathways should be provided to the central common open space area for pedestrian access in accord with UDC 11-4-3-2 7C.2b. h. Depict an additional site amenity from the multi-modal category listed in UDC 11-4- 3-27D.Id in accord with UDC 11-4-3-27D.2c. Page 38 i. Depict minimum 7-foot wide sidewalks where parking abuts sidewalks if wheel stops aren't proposed to prevent vehicle overhang in accord with UDC 11-3C-5B4; if 7- foot sidewalks are proposed,the length of the stall may be reduced to 17 feet. j. Depict a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access,along NE 3rd St. in accord with UDC 11-4-3-27C.7. 3.3 No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area as set forth in UDC 11-4-3-27B.5. 3.4 Submit a floor plan(s)for the multi-family structures that depict a minimum of 80 square feet of private,usable open space for each unit in accord with UDC 11-4-3-2 7B.3. 3.5 All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F. A recorded copy of the document shall be submitted prior to issuance of the first Certificate of Occupancy for the development. 3.6 A Certificate of Zoning Compliance and Design Review application shall be submitted for approval of the multi-family development to ensure compliance with UDC standards and development provisions associated with this application. Final design of all structures must comply with the design standards in the Architectural Standards Manual. 3.7 The conditional use permit shall be valid for a maximum period of two(2)years unless otherwise approved by the city. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. Upon written request and filing by the applicant prior to the termination of the period in accord with subsection(F)(1) of this section,the director may authorize a single extension of time to commence the use not to exceed one(1)two-year period. Additional time extensions up to two(2)years as determined and approved by the commission may be granted. With all extensions,the director or commission may require the conditional use comply with the current provisions of this chapter. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Ensure no sewer services cross infiltration trenches. 1.2 End of line requires a minimum of 0.6% slope. 1.3 Minimum angle into/out of a manhole in the direction of flow is 90 degrees. This is not met for tie in from the apartments to NE 3rd St. 1.4 Water or sewer mains requires a 20'easement with main centered in the middle. Sewer and water in parallel require a 30'easement with 10' separation between mains and edge of pavement. Sewer crossing the common lot as well as within the apartments do not meet these requirements. 1.5 Provide 20'easements for water services up to water meters and 10'beyond. 1.6 Provide 20'easements for fire hydrant laterals and 10'beyond. Page 39 1.7 Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences,infiltration trenches, light poles, etc.) are built within the utility easement. 1.8 Water main stubs to future phases must have a blow-off 1.9 Provide a water valve halfway through the apartment loop. 1.10 A portion of this project is within the Meridian Floodplain Overlay District. A floodplain development permit is required before land disturbance begins. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. The lowest finished floor of the buildings must be elevated to flood protection levels with BFE and lowest finished floor noted on final grading plans. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement (marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(UDC 11-313-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing Page 40 whether there are any existing wells in the development, and if so,how they will continue to be used,or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.11 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.15 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.17 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.18 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.19 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.20 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an Page 41 irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:llweblink.meridiancity.or lWebLinkIDocView.aspx?id=274173&dbid=0&repo=MeridianC D. POLICE DEPARTMENT https:llweblink.meridiancity.or lWebLinkIDocView.aspx?id=274178&dbid=0&repo=MeridianC i &Cr=1 E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=277899&dbid=0&repo=MeridianC hty F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=276640&dbid=0&repo=MeridianC i &cr=1 https:llweblink.meridianciU.orgj ebLink1DocView.aspx?id=285893&dbid=0&repo=MeridianC Lty G. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridianciU.orgj ebLink1DocView.aspx?id=282985&dbid=0&repo=MeridianC ky https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=278368&dbid=0&repo=MeridianC hty H. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridiancioy.org/WebLink/DocView.aspx?id=279665&dbid=0&repo=MeridianC hty I. COMMUNITY DEVELOPMENT DEPARTMENT—SCHOOL IMPACT https:llweblink.meridiancit y�oL-glWebLinkIDocView.aspx?id=278904&dbid=0&repo=MeridianC hty J. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.otglWebLinkIDocView.aspx?id=283103&dbid=0&repo=MeridianC i &cr=1 Page 42 K. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/DocView.gyp x?id=285917&dbid=0&repo=MeridianC Lty https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=274103&dbid=0&repo=MeridianC ky L. PARK'S DEPARTMENT https://weblink.meridiancity.orzlWebLinkIDocView.aspx?id=293798&dbid=0&repo=MeridianC Ay X. FINDINGS A. Rezone: Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Director finds the proposed zoning map amendment to R-40 and C-G and subsequent development is generally consistent with the Comprehensive Plan and the underlying FLUM designations of Commercial and High-Density Residential. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Director finds the proposed map amendment will alleviate the existing nonconforming use of the commercial retail use in the R-8 zoning district and allow for a range of housing opportunities consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Director finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Director finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. This finding is not applicable as the application is for a rezone, not annexation. B. Preliminary Plat: In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Director finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity Page 43 with the condition in this report. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Director finds that public services will be provided to the subject property with development. (See Section IXof the StaffReportfor more details from public serviceproviders) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Director finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Director finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc) in Section IX. 5. The development will not be detrimental to the public health,safety or general welfare; and, The Director is not aware of any health, safety, or environmental issues associated with the platting of this property that would be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural,scenic or historic features. The Director is unaware of any significant natural,scenic or historic features that exist on this site that require preserving. C. Conditional Use Permit(multi-family development): The city council shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Director finds the site is large enough to accommodate the development of 90 apartment units and meet all of the dimensional and development regulations of the R-40 zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Director finds the proposed multi family development will be harmonious with the Comprehensive Plan and in accord with the standards in the UDC. 3. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Director finds the design, construction, operation and maintenance of the proposed multi family development will be compatible with other uses in the general neighborhood and should not adversely change the essential character of the same area, if all conditions of Page 44 approval are met. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Director finds the proposed use, if it complies with all conditions of approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection,drainage structures,refuse disposal,water,and sewer. The Director finds the proposed use will be adequately served by essential public facilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Because all public facilities and services are readily available, the Director finds that the proposed use will not be detrimental to the economic welfare of the community or create excessive additional costs for public facilities and services. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. Although traffic will increase in the vicinity with approval of the proposed multi family development, the Director finds it shouldn't be excessive or detrimental to any persons, property or the general welfare. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance.(Ord. 05-1170,8-30- 2005,eff. 9-15-2005) The Director finds approval of the proposed use shouldn't result in the destruction, loss or dame of any such features D. Conditional Use Permit(single-family dwellings in R-40 district): The city council shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Director finds the site is large enough to accommodate the proposed use and meet all of the dimensional and development regulations of the R-40 zoning district except for the off- street parking standards, of which the Applicant requests approval of alternative compliance (see Section VI.D). 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Director finds the proposed use (i.e. single-family dwellings)will be harmonious with the Comprehensive Plan in it they will provide a transition in density and uses to the proposed multi family development and complies with UDC standards with approval of a conditional use permit. Page 45 3. That the design,construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Director finds the design, construction, and proposed operation and maintenance of the single-family dwellings will be compatible with other such uses in the neighborhood to the west and south and should not adversely change the essential character of the same area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Director finds the proposed use will not adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets, schools,parks,police and fire protection,drainage structures,refuse disposal,water,and sewer. The Director finds the proposed use will be adequately served by essential public facilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Director finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. Although traffic will increase in the vicinity with approval of the proposed residential units, the Director finds it shouldn't be excessive or detrimental to any persons,property or the general welfare. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord.05-1170,8-30- 2005,eff. 9-15-2005) The Director finds approval of the proposed use shouldn't result in the destruction, loss or dame of any such features. E. Conditional Use Permit(nonconforming use): The city council shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Director finds this finding does not apply to the proposed extension of the nonconforming uses. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Director finds this finding does not apply to the extension of the nonconforming uses as the proposed uses do not comply with certain UDC standards, thus the reason for the Page 46 request. 3. That the design,construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Director finds the extension of the nonconforming uses is compatible with other uses in the general neighborhood that are yet to redevelop and comply with current UDC standards and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Director finds the extension of the nonconforming uses will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection,drainage structures,refuse disposal,water,and sewer. The Director finds the extension of the nonconforming uses will continue to be adequately served by the facilities and services noted. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Director finds the extension of the nonconforming uses will not be detrimental to the economic welfare of the community or create excessive additional costs for public facilities and services. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. The Director finds the extension of the proposed nonconforming uses will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons,property or the general we fare as noted. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance.(Ord. 05-1170,8-30- 2005,eff. 9-15-2005) The Director finds the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and The Director finds the proposed extension of the nonconforming uses do not encourage or set a precedent for additional nonconforming uses within the area. b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. The Director finds the proposed extension of nonconforming uses are comparable to Page 47 adjacent properties in the area that are yet to redevelop. F. Private Street: In order to approve the application,the Director shall find the following: 1. The design of the private street meets the requirements of this Article; The Director finds the design of the proposed private streets complies with the standards listed in UDC 11-3F-4. See analysis in Section VI.B for more information. 2. Granting approval of the private street would not cause damage hazard,or nuisance,or other detriment to persons,property,or uses in the vicinity; and The Director finds that granting approval of the proposed private streets would not cause any hazard, nuisance or other detriment to persons,property or uses in the vicinity if the streets are designed as proposed and constructed in accord with the standards listed in UDC 11-3F- 4B. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The Director finds the use and location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan as they are proposed to connect to local(E. Badley Ave) and collector(NE 3Yd St)streets consistent with private street standards. 4. The proposed residential development(if applicable)is a mew or gated development. The Director finds the proposed residential development incorporates a mew in the site design as desired. G. Alternative Compliance: In order to grant approval for an alternative compliance application,the Director shall determine the following: 1. Strict adherence or application of the requirements are not feasible; or The Director finds with the proposed site design, strict adherence or application of the requirements is not feasible; however; revisions to the site plan could be made to comply. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed alternative means of compliance provides an equal means for meeting requirement. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Director finds the proposed alternative means of compliance to the parking standards will not be materially detrimental to the public welfare of impair the intended use and character of surrounding properties. Page 48 STAFF REPORT E T*,- COMMUNITY DEVELOPMENT DEPARTMENTfor r A M O HEARING 4/20/2023 Q Legend DATE: (Continued from: /19/23, &3/2/23) from: 1112122, 12115122, F Project Location IN 2 N2 �. TO: Planning&Zoning Commission FROM: Sonya Allen,Associate Planner 208-884-5533 - - - -- SUBJECT: H-2022-0013 ,: m 1{ Promenade Cottages Subdivision ® ® _ LOCATION: 403 E. Fairview Ave., in the NW 1/4 of H Section 7,Township 3N, Range IE. to H (Parcel#S1107212707) �® + �yrT� n F_ I. PROJECT DESCRIPTION The Applicant has submitted requests for the following: • Rezone of 6.82 and 0.33 acres of land from the R-8 and C-G zoning districts to the R-40 (6.61 acres)and C-G(0.54 acres)zoning districts; • Preliminary plat consisting of 45 building lots [30 single-family residential building lots, five (5)multi-family building lots,two(2)commercial building lots] and eight(8) common lots on 7.64 acres of land in the R-40 and C-G zoning districts; • Conditional Use Permit(CUP)to construct a 90-unit multi-family development on approximately 2.8 acres of land in the requested R-40 zone; • CUP to construct single-family detached dwellings on 10 of the 30 single-family residential lots in the requested R-40 zone; • CUP to allow the existing nonconforming parking, landscaping, and mobile home park to remain as-is for an extended period of time in the C-G and requested R-40 zoning districts; • Private streets(PS)are proposed for internal access to the proposed single-family and multi- family units; and, • Alternative Compliance(ALT)to the off-street parking standards for single-family dwellings listed in UDC Table 11-3C-6,which requires parking pads to be located in front of the garage,to allow the parking pads for the 3-bedroom units to be located as close as possible to the corresponding unit. Page 1 II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 7.64 acres Future Land Use Designation Commercial 2.12+/-acres and High Density Residential(HDR)(5.52+/-acres Existing Land Use(s) Commercial(retail/restaurant/multi-tenant),mobile home park,and vacant/undeveloped land. Proposed Land Use(s) Existing commercial(retail/restaurant)uses to remain,single-family residential (SFR)attached/detached and multi-family residential(MFR)apartments proposed. Lots(#and type;bldg./common) 45 total lots(30 SFR building lots,5 MFR building lots,2 commercial building lots,and 8 common lots Phases 3 Number of Residential Units 120 Density 20.51 units/acre overall in R-40 zoned area Open Space(acres,total See Section VI [%]/buffer/qualified) Amenities Swimming pool,clubhouse,dog park,community garden and a tot lot Neighborhood meeting date December 8,2021 History(previous approvals) Ross's Elm Grove Annexation(Ord.#183);Ross's Elm Grove Annexation No. 2(Ord.#185)(1969) B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Traffic Impact Study No(not required) es/no Access There are currently three(3)access driveways via E.Fairview Ave.,an arterial street, (Arterial/Collectors/State &nine(9)access driveways via NE 31 Street,a local street(planned to be a collector). Hwy/Local)(Existing and The three(3)access driveways via Fairview are proposed to remain until Proposed) redevelopment of the commercial area;three(3)access driveways are proposed via NE 3rd St. Stub Gruber Ave. stubs to NE 31 St.to the west of this property but does not exist on the Street/Interconnectivity/Cross property to the east where multi-family apartments exist.East Badley Ave.runs along Access the south boundary of the site.No stub streets exist to this property. Existing Road Network NE 31 St.is a 2-lane local street along the northern portion of the west boundary of the site that dead-ends at Gruber Ave. (it's unimproved between Gruber and Badley abutting the site);E.Fairview Ave.is a 5-lane arterial street along the north boundary of the site;and Badley Ave. is a 2-lane local street along the south boundary of the site. Condition of Area Roadways Fairview Ave.: Better than"E",which is an acceptable level of service for a 5-lane (Level of Service) principal arterial. Existing Arterial Sidewalks/ There is an existing detached 5-foot wide sidewalk along E.Fairview Ave.A 9+/-foot Buffers wide landscaped street buffer exists along Fairview between the western and the middle access driveway;the remainder of the site has no street buffer. A 4+/-foot wide attached sidewalk exists along NE 3'St.There is not a street buffer along NE 3' St.No sidewalk or street buffer exists along Badley Ave. Page 2 Description Details Proposed Road Capital Improvements Plan(CIP)t Integrated Five Year Work Plan(IFYWP): Improvements . Fairview Avenue is scheduled in the IFYWP to be widened to 7-lanes from Locust Grove Road to SH-55(Eagle Road)in 2025. Locust Grove Road is scheduled in the IFYWP to be widened to 5-lanes from Fairview Avenue to Ustick Road with the design year in 2026 and the construction year in the future. • The intersection of Fairview Avenue and Locust Grove Road is scheduled in the IFYWP to be widened to 7-lanes on the north leg, 7-lanes on the south, 9-lanes on the east, and 9-lanes on the west leg, plus enhanced pedestrian and bike facilities and intersection lighting in 2025. • Fairview Avenue is listed in the CIP to be widened to 7-lanes from Meridian Road to Locust Grove Road between 2036 and 2040. Fire Service • Distance to Fire 1.8 miles from Fire Station#1. Station • Fire Response Time Within 5-minute response time goal area. • Resource Reliability Fire Station#1 reliability is 76%(below the targeted goal of 80%) • Accessibility Proposed project meets all required road widths,access,and turnaround dimensions. • Risk Identification 4(current resources would not be adequate to supply service to this project) Police Service Distance to Police 2.1 miles Station Police Response Time 3:30 minutes(expected);3:45 minutes(average) Calls for Service 7,199 within a mile of the development %of calls for service split by priority Accessibility If this project includes climate-controlled hallways,PD requests further discussions with developer on plans for emergency police access into each building entry point using a multi-technology keypad. Specialty/resource needs PD already serves this area Crimes 734 Crashes 238 Other Reports West Ada School District Distance(elem,ms,hs) Meridian Elementary,Meridian Middle,Meridian High Capacity of Schools These schools can adequately support the students from this development. #of Students Enrolled #of Students Predicted 18 from this development Wastewater Distance to Sewer Connect to existing sewer main in E.Badley Ave Services Sewer Shed Estimated Project Sewer Additional 1585 GPD committed to model ERU's WRRF Declining WRRF declining balance is 14.35 MGD Balance Project Consistent with Yes WW Master Plan/Facility Plan Water Distance to Water Connect to existing water mains on NE. 31 St. and E.Badley Ave Services Pressure Zone 2 Page 3 1 1 1 1 1 1 1 •IIIiA nl 1■n1■� IIIII•IIIII■1►�■ ��L � �.-,;. I F' - s - • 1 __ i IIII - • - • - ■ a ■11��1�1► r 'y ■oo■■o r■IUlprym ! _k �■�O►`yunllsonnnnnnail N_m,• ,i,. � � -. "r r re� - ° p-_ - unuml ■ ■ is Y ! ° — L - • - e r' x rs ry ! 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APPLICANT INFORMATION A. Applicant: Steve Arnold,A-Team Land Consultants— 1785 Whisper Cove Avenue,Boise,ID 83709 B. Owner: Mark Kelly,Lesley's Mobile Estates, LLC 313 N. Main Street, Hailey, ID 83333 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 11/30/23, 1/4/23 Radius notification mailed to properties within 500 feet 11/13,22, 12/30/22 Site Posting 10/19/22 Nextdoor posting 11/28/22, 12/20/22 V. COMPREHENSIVE PLAN—STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.or /�compplan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates most of this property as High Density Residential(HDR)(5.52+/-acres)with some Commercial (2.12+/-acres) along E. Fairview Ave. The HDR designation allows for the development of multi-family homes in areas where high levels of urban services are provided and where residential gross densities exceed twelve dwelling units per acre. Development might include duplexes, apartment buildings,townhouses, and other multi-unit structures. A desirable project would consider the placement of parking areas, fences,berms, and other landscaping features to serve as transitions between neighboring uses. These areas are compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high-quality architectural design and materials and thoughtful site design to ensure quality of place; they should incorporate connectivity with adjacent uses and area pathways, attractive landscaping,gathering spaces and amenities, and a project identity. The Commercial designation will provide a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses, as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities. Sample zoning include: C-N, C-C, and C-G. The Applicant proposes to develop the southern HDR designated portion of the property with a mix of single-family attached(20)and detached(10)homes and multi-family apartments(90) at an overall gross density of 20.51 units per acres consistent with the density desired in HDR designated areas. The gross density of the multi-family development is 28 units/acre; with 11 units/acre for the single-family development. Although single-family detached units are not Page 5 specifically listed as a desired use in the HDR designation,the UDC does allow them with a conditional use permit in the R-40 zoning district. The southern 5.85 acres of land(6.61 acres including adjacent right-of-way to the centerline of the road) is proposed to be rezoned to R-40 consistent with the HDR designation. The proposed development should be compatible with the abutting multi-family development on the property to the east. A 15-foot wide landscaped buffer is proposed along the shared property line with the southern portion containing a pedestrian pathway. The southern and western portions of the property abut public streets(NE 3'St. and E. Badley Ave.). The existing retail store and restaurant/multi-tenant building/uses on the northern portion of the property in the C-G zoning district are proposed to remain. These uses provide services to area residents as desired in the Commercial designation. Transportation:Northeast 3'Street exists along the west boundary of the site and is a planned residential collector street per ACHD's Master Street Map(MSM) and north/south corridor through the City from Franklin Rd. to Fairview Ave. Preservation and dedication of right-of-way for the expanded street section and pathway is required with development [see Downtown Meridian City Core Street Cross-Section Master Plan (pg. 4-9)and the Comprehensive Plan (pg. 6-3)]. See analysis below in Section VI.B for more information. Comprehensive Plan Policies(https.11www.meridiancity.or,-/compplan): The applicable Comprehensive Plan policies are cited below with Staff s analysis in italics. • "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City"(2.01.01 G). As discussed above, the subject property is proposed to develop with a mix of single family attached and detached dwellings and multi family apartment units, which will contribute to the diversity of housing types in this area. • "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities"(2.02.01A). The Pathways Master Plan depicts a segment of the City's multi-use pathway system along the west side of NE 3rd Street adjacent to the west boundary of this site; an existing sidewalk provides an on-street route for the pathway along the northern boundary of the site along Fairview Ave. Internal pathways are proposed from the perimeter sidewalks along E. Badley Ave. and E. 3rd Street to the central common area within the residential portion of the site. Qualified open space and site amenities will be required with development of the residential portion of the site in accord with the standards listed in UDC 11-3G-3 and 11-4-3-27C, D. • "Pursue the extension of Idaho Ave. and/or Broadway Ave. to Commercial Dr. and the extension of East 3rd St. from Fairview Ave. to Pine Ave. in Downtown."(6.01.021) Development of this site will facilitate the extension of NE 3rd Street from E. Badley Ave. to E. Fairview Ave. in general accordance with the Downtown Meridian Street Cross-section Master Plan. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F). City water and sewer service is currently provided to the existing uses and can be provided to Page 6 future uses within this development. Police and Fire protection is already provided to this property and will continue to be provided. • "Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure,road,and highway extensions, and to facilitate access management."(6.01.02M) Dedication of additional right-of-way and improvements for the expansion and extension of the NE 3.d Street corridor, a planned residential collector street, is required with this development in accord with ACHD's requirements. • "Encourage the development of high quality, dense residential and mixed-use areas near in and around Downtown,near employment, large shopping centers,public open spaces and parks, and along major transportation corridors, as shown on the Future Land Use Map." (2.02.01E) The proposed high-density development is in close proximity to the downtown area and shopping along the Fairview Ave. transportation corridor. Staff finds this development to be generally consistent with the Comprehensive Plan, as noted above. VI. UNIFIED DEVELOPMENT CODE—STAFF ANALYSIS Note: The Applicant submitted this application on February 18, 2022; therefore, the UDC standards in effect at that time, dated November 30, 2021, apply to development of this site, not the current standards. A. Rezone(RZ): A Rezone of 6.28 and 0.33 acres of land from the R-8 (medium-density residential) and C-G (general retail and service commercial)zoning districts to the R-40(high-density residential) (6.61 acres)and C-G(0.54 acres)zoning districts is proposed for the existing commercial and proposed residential development in accord with the associated Commercial and HDR FLUM designations for this property. Legal descriptions and exhibit maps for the rezone areas are included in Section VIII.A of this report. There are two(2)commercial buildings (a retail store and a multi-tenant building with a restaurant) on the northern portion of this site along Fairview Ave. that are proposed to remain until the third phase of development; a redevelopment plan was not submitted for this area. A mobile home park exists to the south of the commercial area that is proposed to be removed and redeveloped with 90 multi-family apartments with the second phase of development. The southern portion of the site consists of vacant/undeveloped land that is proposed to develop with a mix of single-family attached(20) and detached(10)homes with the first phase of development. The existing retail store(Rodda Paint)and mobile home park are considered nonconforming uses in the R-8 zoning district, as defined in UDC 11-IA-1,as such uses are prohibited in the R-8 zoning district. See conceptual development plan included in Section VIII.D. The rezone to C-G will remove the nonconforming status of the retail store as such use is a principal permitted use in the C-G zoning district per UDC Table 11-2B-2. The mobile home park is a prohibited use in the proposed R-40 zoning district; a conditional use permit is proposed to extend the nonconforming use in the R-40 district until such time as the property redevelops. The proposed multi-family development is listed as a conditional use in the R-40 zoning district per UDC Table 11-2B-2 and is subject to the specific use standards listed in UDC 11-4-3-27. The proposed single-family attached dwellings are listed as a principal permitted use and the single- family detached dwellings are listed as a conditional use in the R-40 zoning district per UDC Page 7 Table 11-2A-2. The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application, Staff recommends a DA is required with this application,containing the provisions noted in Section VIII.A,as discussed herein. There is no development agreement currently in effect for this property. B. Preliminary Plat(PP): The proposed preliminary plat consists of 30 residential building lots for 20 single-family attached dwellings and 10 single-family detached dwellings, five(5)multi-family building lots, two (2)commercial building lots, and eight(8)common lots on 7.64 acres of land in the R-40 and C-G zoning districts. This property is within the Northern Gateway Urban Renewal District and within the Opportunity Zone. If approved,the tax increment from this project would go toward making public improvements in the area. The Applicant plans to develop the property in three(3)phases as shown on the preliminary plat. The single-family on the south end of the site is proposed to develop first with the multi-family second, and rebuild of the commercial area last shortly after the second phase. The phasing plan is based on the type of loan the Applicant has on the property. Because the property is income producing,the loan will not allow the owners to disrupt the income being made off the existing commercial buildings and the mobile home park. Once the property is not encumbered by this loan condition,the owner will move forward with Phase II,providing market conditions warrant it; Phase III will follow shortly after. Due to the financing and timing,the Applicant requests an additional period of time of approximately 4-5 years, instead of the standard 2-years,to obtain the City Engineer's signature on the second phase file plat. This will also allow ample time to notice the existing residents of the mobile home park of the plan to redevelop the property. Staff recommends the second phase final plat application is not allowed to be submitted for a minimum period of four(4)years from the date of approval of the preliminary plat to allow residents of the mobile home park ample time to find other housing prior to redevelopment; this will require at least one (1)time extension to be obtained in order for the preliminary plat to remain valid. Dimensional Standards: Future development should comply with the dimensional standards for the R-40 zoning district listed in UDC Table 11-2A-8 and for the C-G zoning district listed in UDC Table I1-2B-3. Subdivision Design and Improvement Standards(UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. Access(UDC 11-3A-3): There are three(3)existing access driveways via E. Fairview Ave.,a principal arterial, designated on the Master Street Map(MSM)as a mobility arterial—one(1)for the retail store and two(2) for the multi-tenant building where a restaurant(i.e. Idaho Pizza)is located. There are nine(9) existing access driveways via NE 3rd St., a local street,designated on the MSM as a residential collector street—two (2) for the commercial, one(1)ingress/egress driveway for the mobile home park, and six(6)driveway accesses for individual homes.No access exists via E.Badley Ave., a local street along the southern portion of the property as that portion of the site is undeveloped. Page 8 The two(2)eastern accesses via Fairview for the multi-tenant building are proposed to remain until redevelopment of that portion of the commercial property occurs as removal at this time would negatively affect the existing uses; the western access is proposed to be removed as it's too close to the intersection and doesn't conform to ACHD standards. ACHD is supportive of both of the eastern accesses remaining until such time as the property redevelops. Staff recommends a DA provision requiring all access via Fairview Ave.to cease upon redevelopment of the commercial portion of the property and sole access to be taken via NE 3rd St.,the lesser classification of the two streets,in accord with UDC 11-3A-3 and ACHD Policy. The topography of the eastern portion of the commercial site where the multi-tenant building and the eastern two(2)accesses are located is approximately 3-feet higher than the western portion of the site where the retail building and single access is located and there is no cross-access driveway between the two areas. The northern access via NE 3'St. is proposed to be removed as it's too close to the intersection and doesn't conform to ACHD standards. The second access nearest Fairview is proposed to remain to serve the existing commercial retail store and a new driveway access is proposed 30- feet to the south of the aforementioned driveway as depicted on the site plan in alignment with the driveway on the west side of 3rd. Due to the traffic conflicts that will likely result with the two driveways so close together, Staff recommends these two(2) accesses are combined and aligned with the driveway on the west side of 3rd in accord with UDC 11-3A-3,which limits access points to collector streets.The existing driveway in alignment with Gruber Ave. on the west side of 3'is proposed to remain and be reconstructed as a 30-foot wide curb return type driveway and has been approved by ACHD. The remainder of the accesses are proposed to be closed. Two(2)new accesses are proposed via E. Badley Ave. to the single-family portion of the development,which also provides connectivity to the multi-family and commercial portions of the development. With the subdivision, cross-access/ingress-egress easements should be granted between the single-family,multi-family and commercial portions of the development via a note on the final plat or a separate recorded agreement in accord with UDC 11-3A-3. Street Improvements: An additional 21-feet of right-of-way is required to be dedicated along Fairview Ave. consistent with the MSM; however,no street improvements are required with this application. Fairview is listed in the CIP to be widened from 5-to 7-travel lanes with on-street bike lanes between 2036 and 2040. With development,the existing section of NE 3rd St.is required to be reconstructed and the unimproved section between E. Gruber Ave. and E.Badley Ave. constructed as a collector street in accord with the MSM and in general conformance with The City's Downtown Meridian Street Cross-Section Master Plan, as follows: Page 9 {7 P e..rrvnnn �f >88 IL (i ParllnA „} m e m �1 SA...Ika � Pe,kwev � 4�,,,• � f F 3tnelavnpa Buflvr � � d Parkway Buflvr '� y ; Z Ea V ti r Furmhre 1 E S LiAhling - �' "C15 4 Lb Y4fi '' FnennpeEkedlmN a w Note:Staff is working with ACHD on an appropriate cross-section for this street that generally conforms to the above street section. In accord with the right-of-way referenced in the East 3rd Street Alignment Study and the stated need in the Cross-section Master Plan, Staff recommends the following complete street section for NE 3rd St.between Badley and Gruber is constructed with the first phase of development: Buffer Sidewalk Parkway Curb Bikelane Lane Lane Bikelane Curb Parkway Sidewalk Buffer Total 10 a 2 0 13 11 0 .2 a 5 1 66 For the street section between Gruber and Fairview to be constructed with the second phase of development,the existing section of 3rd St.should be reconstructed as V2 of a 40-foot street section with an 11-foot wide travel lane, an 8-foot wide planter strip and 5-foot wide concrete sidewalk abutting the site. Private Streets: Private streets are proposed for internal access to the proposed single-family and multi-family units for addressing purposes and are required to comply with the standards listed in UDC 11-3F- 4. Twenty-four(24)foot wide streets are proposed in the single-family portion of the development to serve the 2-story structures and 26-foot wide streets are proposed in the multi- family portion of the development to serve the 3-story structures in accord with Fire Dept. requirements. The private streets should be delineated from the parking areas on the common lot. The Director finds the proposed private streets comply with the aforementioned standards and the required Findings for approval(see Section X.F below). Therefore,the Director tentatively approves the private streets subject to completion of the tasks noted in UDC 11-3F-3B within one (1)year in accord with the Findings in Section X.F.Upon completion of these tasks and submittal of the required documents, final approval will be issued. Parking: Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for the use. Alternative Compliance is requested to the off-street parking standards for single-family dwellings listed in UDC Table 11-3C-6 (note#2),which requires parking pads to be located in front of the garage,to allow the parking pads for the 3-bedroom units on Lots 2, 5,9, 11, 12, 14, 19,22,24,26,28 to and 32 to be located as close as possible to the corresponding unit as shown on the parking exhibit in Section VIII.F. Page 10 Although this request is irregular and not ideal, it still provides the required parking in fairly close proximity to the associated dwelling units. The walking distance from the parking spaces to the units they serve varies from 65 to 130 feet. Due to the proposed site design with alley-loaded units accessed by private streets,the Applicant states it's not feasible to comply with the required standards. Staff finds revisions could be made to the plan to comply but it would change the design of the project. Because the proposed alternative means of compliance meets the intent of the requirement by providing an equal means of compliance and shouldn't be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties in accord with the required Findings for such,the Director has approved the request(see Findings in Section X.G). Sidewalks(UDC 11-3A-1 : The UDC requires detached sidewalks along collector and arterial streets; attached sidewalks may be provided along local streets. There is an existing 5-foot wide detached sidewalk along E. Fairview Ave. and a 4+/-foot wide attached sidewalk along NE 3rd St.; no sidewalk exists along Badley Ave. When NE 3'St., a future collector street, is reconstructed and extended, a detached sidewalk will be provided. An attached sidewalk will be required along Badley Ave., a local street. A multi-use pathway is designated on the Pathways Master Plan along Fairview Ave. on this site. If on-street bike lanes are not constructed by ACHD with the Fairview road widening project, a 10-foot wide detached sidewalk will likely be constructed by ACHD in lieu of the bike lanes. The Applicant should coordinate with ACHD to ensure a 10-foot wide detached pathway is constructed rather than a pathway of lesser width in accord with the Pathways Master Plan. Pathways(UDC 11-3A-8): The Pathways Master Plan(PMP)depicts a 10-foot wide multi-use pathway off-site along the west side of NE 3'St. and an on-street route along E. Fairview Ave. on this site.All pathways should comply with the standards in UDC 11-3A-8. Accommodating the East 3rd Street Pathway is of the upmost importance. Meridian road does not have bike lanes or parkways separating the sidewalk from a 5-lane roadway. Similarly,Main Street does not have bike lanes and the narrow sidewalks do not accommodate bike use so close to storefronts. The City's only opportunity for a family-friendly strong north-south pathway is on 3rd Street which has one of the few rail crossings. This Pathway alignment is adopted as part of the Comprehensive Plan,Pathway Master Plan, and Street Cross-section Master Plan. Portions of East 3rd Street to the South(Carlton to Franklin)are programmed for widening and will incorporate the pathway. The pathway location on the west side has been identified as the safest option and needs to be kept in this alignment on one-side of the street to enhance appeal and promote its use in a pedestrian and bike-friendly downtown. Internal pedestrian pathways are proposed from the perimeter sidewalks to the main building entrances of the commercial buildings and within the single-family residential portion of the development to the central common area. Revisions should be made to the pedestrian plan to provide pedestrian connections between the single-family,multi-family and commercial portion of the development. The pedestrian access to Badley Ave. will provide a connection to the multi-use pathway along the Five Mile Creek to the east. A detached 10-foot wide multi-use pathway should be provided within the street buffer along Fairview with redevelopment of the commercial portion of the site in Phase 3 in accord with the Page 11 PMP.ACHD may construct this pathway with the Fairview road widening project in 2036-2040 if on-street bike lanes are not constructed. Landscaping(UDC 11-3B): A 9+/-foot wide landscaped street buffer exists along Fairview between the western and the middle access driveway; the remainder of the site has no street buffer. No street buffer exists along NE 3rd St. or Badley Ave. A 25-foot wide street buffer is required along E. Fairview Ave., an arterial street, and a 20-foot wide street buffer is required along NE 3'St.,to be improved as a collector street,per UDC Tables 11-2A-8 and 11-2B-3.No street buffer is required along Badley Ave. Landscaping is required to be installed within the street buffers in accord with the standards listed in UDC 11-3B- 7C. The buffer on the commercial portion of the property will be required with the third phase of development which should follow the Fairview Ave.road widening project. All residential subdivision street buffers are required to be on a common lot,maintained by the homeowner's association per UDC 11-3B-7C.2a. All commercial street buffers are required to be on a common lot or on a permanent dedicated buffer,maintained by the property owner or business owner's association per UDC 11-3B-7C.2b. Landscaping is required adjacent to all pathways within the site in accord with the standards listed in UDC 11-3B-12C. There are existing trees on this site that are proposed to be removed with development. Mitigation is required in accord with the standards listed in UDC 11-3B-IOC.S. Mitigation information should be included on the landscape plan in accord with UDC standards. Common Open Space: The UDC(11-3G-2)does not include minimum open space standards for single-family developments in the R-40 zoning district that are under 5 acres in size. Because the single-family portion of the development is only 2.7+/-acres in size,open space is not required. Common open space is proposed as shown on the landscape plan. Common open space for multi-family developments is required per the standards listed in UDC 11-4-3-27C(see CUP analysis below for more information). Site Amenities: The UDC(11-3G-2)does not include minimum site amenity standards for single-family developments in the R-40 zoning district that are under 5 acres in size. Because the single-family portion of the development is only 2.7+/-acres in size, site amenities are not required. Site amenities are proposed consisting of a 1,260 square foot clubhouse, a plaza area with seating, a community garden,tot lot and a dog park. Site amenity standards for multi-family developments are listed in UDC 11-4-3-27D(see CUP analysis below for more information). In the commercial area, a gazebo and plaza areas are proposed for each building. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City as set forth in UDC 11-3A-18. The Applicant submitted a Geotechnical En ink eering Report for the subdivision. Stormwater integration is required in accord with the standards listed in UDC 11-3B-11 C. Pressure Irrigation: Underground pressurized irrigation water is required to be provided for each and every lot in the Page 12 subdivision as required in UDC 11-3A-15. This property lies within the Nampa-Meridian Irrigation District boundary. Utilities: Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Street lights shall be installed in accord with the City's adopted standards, specifications and ordinances. Waterways: There are no waterways of significant size that cross this site. All waterways on this site shall be piped as set forth in UDC 11-3A-6B.3,unless otherwise waived by City Council. The southern portion of this project is within the Meridian Floodplain Overlay District(zone AE). A floodplain development permit is required before land disturbance begins.All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.The lowest finished floor of the buildings must be elevated to flood protection levels with BFE and lowest finished floor noted on final grading plans. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7.No fencing is depicted on the landscape plan. However,the Applicant intends to construct 6-foot tall solid vinyl fencing along the eastern and northern boundaries of the residential portion of the development to screen the residential from the commercial uses. Fencing details should be included on the landscape plan submitted with the final plat application(s). C. Conditional Use Permit(CUP)—Multi-family Development: A CUP is requested for a multi-family development consisting of 90 residential units on approximately 2.8 acres of land in the requested R-40 zoning district in accord with UDC Table 11-2B-2. Five(5) 3-story 18-plex multi-family structures are proposed containing a mix of 1-(45) and 2-bedroom(45)units ranging from 712 to 1,278 square feet in size. Note: The Applicant doesn't expect the 2nd phase of development in which the multi family development lies, to develop for approximately 4-5 years due to the type of loan they have on the property and restrictions associated with it. Specific Use Standards (UDC 11-4-3-27): The proposed use is subject to the following standards: (Staffs analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties. The site plan included in Section VII.D depicts buildings at a minimum setback of 10 feet; no greater setback is required. 2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The plans submitted with the Certificate of Zoning Compliance application should demonstrate compliance with this standard. Page 13 3. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The Applicant's narrative states each dwelling unit will have a minimum 80 square foot patio or balcony, which meets this standard. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area. The Applicant should comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title.Based on (45) 1-bedroom and(45) 2-bedroom units, a minimum of 167 off-street vehicle parking spaces are required, including nine(9)guest parking spaces, with 90 of those being in a covered carport or garage per UDC Table 11-3C-6.A minimum of two (2) additional parking spaces are required for the 1,260 square foot clubhouse per UDC 11-3C-6B.1. Total off-street parking required for the multi family development is 169 spaces with 90 covered spaces. The site plan depicts a total of 176 spaces with 81 of those being covered, which is nine(9)more than the minimum required but nine(9)fewer covered spaces than required.A minimum of nine(9) of the parking spaces proposed should be covered. Based on the number of vehicle parking spaces proposed(i.e. 176), a minimum of seven (7)bicycle parking spaces are required per UDC 11-3C-6G that comply with the standards listed in UDC 11-3C-5C. Bike racks should be provided in central locations for each multi family building and the amenity building. Bicycle parking should be included on the site plan in accord with these standards. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) The location of these items should be depicted on the site plan submitted with the Certificate of Zoning Compliance application. Common Open Space Design Requirements (UDC 11-4-3-27C): The total baseline land area of all qualified common open space shall equal or exceed 10% of the gross land area for multi-family developments of 5 acres of more.Because the site is only 2.8 acres in area, this standard does not apply. Common open space areas are required to comply with the standards listed in UDC 11-4-3- 27C.2,which state that open space areas must be integrated into the development as a Page 14 priority and not for the use of land after all other elements of the development have been designed. These areas should have direct pedestrian access,be highly visible, comply with CPTED standards and support a range of leisure and play activities and uses—irregular shaped, disconnected or isolated open spaces do not meet the standard. Open space areas should be accessible and well connected throughout the development(i.e. centrally located, accessible by pathway and visually accessible along collector streets or as a terminal view from a street). Open space areas should promote the health and well-being of its residents and support active and passive uses for recreation, social gathering and relaxation to serve the development.Pathways should be provided to the central common open space area for pedestrian access. All multi-family projects over 20 units are required to provide at least one (1)common grassy area of at least 5,000 s.f. in area that's integrated into the site design allowing for general activities by all ages,which may be included in the minimum required open space. The area shall increase proportionately as the number of units increase and shall be commensurate to the size of the development as determined by the decision-making body. The site plan depicts a central common open space area of 8,907sf. that meets this requirement. In addition to the baseline open space requirement,which doesn't apply in this instance, a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area.All units contain more than 500 square feet(sf.) of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred(1,200) square feet of living area.All of the proposed 90 units contain between 500 and 1,200 s.f of living area; therefore, a minimum of 22,500 sf. (or 0.5 acre) of common open space is required. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area.None of the units contain more than 1,200 square feet. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty feet(20'). All qualified areas meet this standard. The qualified open space exhibit depicts 0.94-acre of qualified open space, which is 0.44- acre above the required amount. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. The multi family portion of the development is proposed to be constructed in one phase as the second overall phase of development. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4')in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff.retroactive to 2-4-2009) Some of the qualified open space is located adjacent to a collector street(i.e.NE Yd St.). As such, a berm or constructed barrier should be provided in accord with this standard. Site Development Amenities: Page 15 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. (5) Dog park with waste station. (6) Commercial outdoor kitchen. (7) Fitness course. (8) Enclosed storage. b. Open space: (1) Community garden. (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables,benches, landscaping and a structure for shade. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards: (1) Bicycle repair station. (2) Park and ride lot. (3) Sheltered transit stop (4) Charging stations for electric vehicles 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2)amenities shall be provided from two(2)separate categories. b. For multi-family development between twenty(20) and seventy-five(75)units,three (3)amenities shall be provided,with one from each category. c. For multi-family development with seventy-five(75)units or more, four(4) amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. Page 16 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Based on 90 multi family units, a minimum offour(4)amenities are required with at least one from each category listed in UDC 11-4-3-2 7D.1. The site plan depicts the following amenities: a swimming pool, clubhouse, dog park, community garden and a tot lot from the quality of life, open space and recreation categories.An additional amenity should be provided from the multi-modal category. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(Y)wide. b. For every three(3)linear feet of foundation,an evergreen shrub having a minimum mature height of twenty-four inches(24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking,common areas, and other development features. The Applicant shall comply with this requirement. Landscaping(UDC 11-3B): Street buffer landscaping is required to be installed with the subdivision improvements(see analysis above in Section V.B). Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B- 12C.A mix of trees,shrubs,lawn and/or other vegetative ground cover with a minimum of one(1)tree per 100 linear feet of pathway. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall solid screen fence is proposed along the northern&western boundaries of the multi-family development. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structures multi-family as well as the single-family structures, included in Section VII.G. The single-family cottages are all proposed to be 2-stories in height with 2-car garages,while the multi-family apartment buildings are proposed to be 3-stories in height. The clubhouse will be a single-story in height. The Applicant's narrative states the multi-family buildings will use similar accents that the cottage units will have. A Certificate of Zoning Compliance application is required to be submitted for approval of the multi-family development and re-development of the commercial development to ensure compliance with UDC standards and development provisions associated with this application.A Design Review application is required to be submitted for approval of the single-family attached and multi-family structures and future commercial structures or Page 17 changes to existing commercial structures.Final design of all structures must comply with the design standards in the Architectural Standards Manual. D. Conditional Use Permit(CUP)—Single-family Dwellings in R-40 District: A CUP to requested for the development of 10 single-family detached dwellings in the requested R-40 zoning district as required by UDC Table 11-2A-2. Typically, single-family residential uses are not a desired use in the R-40(high-density residential)zoning district. However,they are allowed as a conditional use. There are existing single-family residential dwellings to the west across NE 3rd St. and to the south across E.Badley Ave. The proposed single-family homes at a higher density of 16.5 units per acre will assist in providing a transition to the multi-family apartments planned in the second phase of this development and should be compatible with adjacent uses. For these reasons, Staff is supportive of the request. E. Conditional Use Permit(CUP)—Nonconforming Use: A CUP is requested to allow the existing nonconforming parking, landscaping, and mobile home park to remain as-is for an extended period of time until redevelopment occurs with the second and third phases of the proposed development. Per UDC 11-1A-1, a nonconforming use is defined as,"A use that lawfully existed prior to the effective date of this title but that does not now conform to the allowed uses for the district in which it is located. For the purpose of this title,nonconforming parking lot design and landscaping shall be deemed a nonconforming use."A nonconforming use may be extended through approval of a CUP as set forth in UDC 11-1B-4A.Ia. The nonconforming use of a portion of the site as a mobile home park and the parking and landscaping in the commercial portion of the development will remain as-is until the second and third phases of development respectively,which will be approximately 4-5 years. The reason for the lengthy request is so that the Applicant may proceed with development of the southern vacant portion of the site with Phase I,while allowing the residents of the mobile home park adequate time to find other housing options prior to redevelopment of that portion of the site with Phase 11. Redevelopment of the commercial portion of the site isn't proposed until the third phase of development. The extended time period for redevelopment of the mobile home park also accommodates the type of loan the Applicant has on the property and the income generating uses in the interim. The extended time period for the commercial portion of the development where the nonconforming parking and landscaping are located will allow the Fairview Ave.road widening project to be completed. For these reasons, Staff is supportive of the Applicant's request. VII. DECISION A. Staff: Staff recommends approval of the requested Rezone,Preliminary Plat and(3)Conditional Use Permit applications per the Findings in Section IX of this staff report. The Director has approved the requested Private Street and Alternative Compliance administrative applications associated with this project. Page 18 VIIL EXHIBITS A. Rezone Legal Descriptions and Exhibit Maps Descrption for R-40 Zane September 2,2022 A parcel of land located in the Northeast 114 of the Northwest 114 of Section 7, Township 3 North, Range 1 East of the Bolse Meridian,City of Meridian,Ada County, Idaho more particularly described as follows: Commencing at the 1/4 corner common to Sections 6 and 7,T.3N., R.1 E., B.M.,from which the Section corner common to Sections 1 and 12,T.3N., RAW.. B.M., and said Sections 6 and 7 bears South 88035'29"West,2,404.77 feet;thence on the centerline of E. Fairview Avenue,South 89011'04"West,629.99 feet;thence leaving said centerline,South 0003512'West,310.09 feet to the REAL POINT OF BEGINNING; thence continuing South 00'35'12'West,686.83 feet to the centerline of E. Badley Avenue; thence on said centerline, North 69130'43"West,393.75 feet to the intersection of E. Badley Avenue and NE 3rd Street; thence on the centerline of NE 3rd Street,North O0a28'17'East,730.12 feet; thence leaving said centerline, South 89028'01" East, 90.00 feet to the exterior line of the City of Meridian C-G Zone; thence on said exterior boundary line the following two(2)courses and distances: South 00°28'17"West, 50.16 feet; North 89`11'04' East,305.21 feet to the REAL POINT OF BEGINNING. Containing 6.284 acres,more or less. End of Description. fl Kk. LAND �J ENS 11779 0 at' tia� f4f, Ali rC p, Page I of I Page 19 ' Sccle: 1"=20:7' ❑ 50 100 200 40.. Basis of Bearings _ 58815'29"W 2404,77'' ......... fe 51 56 S89'11'04`W 629.99' 1 S6 - r 57 S12 57 - -_�_— --- - Ui lA I N � d O O D W k7 O L1 I ' Real Paint __`__ of Beginning n N89'11'04"E 305.21' iv e* ±fi.284 W Acres E. Gruber Ave. Co gv Line Table in z a Line Bearing Length v L1 S89'28'01"E 90,00' 1-2 S❑4'28'17'W 50.16' —E. Badley Ave. _ FN89'3fl'43'W 393,75' E N S � 11779 11779 w �QQ� � OFIO�p� hfcGA�'� Aedik—d Tope 21.211 V-%)o.vie R-5 kn R-40 t.d,u V112022&�tl3 iw o. IDAHC Exhibit for 216 21 SURVEY W,S,6.E R'`nsF R-40 Zone Sheet No. BOIfiE,S1p.M¢S3/94 (2as)�m 1 {GROUP LLC Locoed In the NE1/4 of the NWIf4 of Section 7, owg. Date ' T.3N., ME. BAA., Crty of Werldlon, Ada County, Idaho. 9 f2f2022 Page 20 Description for R-40 Zone September 2, 2022 A parcel of land located in the Northeast 114 of the Northwest 114 of Section 7, Township 3 North, Range t East of the Boise Meridian,City of Meridian,Ada County, Idaho more particularly described as follows: Commencing at the 1{4 corner common to Sections B and 7, TAN., R.1 E., B.M.,from which the Section corner common to Sections 1 and 12, T.3N., RAW., B.M.,and said Sections 6 and 7 bears South 88'35'29" West, 2,404.77 feet:thence on the centerline of E. Fairview Avenue, South 8901 T04' West, 629.99 feet;thence leaving said centerline, South 00'35'12"West, 267.11 feet to the REAL POINT OF BEGINNING; thence continuing South 01Y35'12"West, 42.98 Feet to the exterior boundary line of the City of Meridian C-G Zone; thence on said exterior boundary line the following two(2)courses and distances: South 89Q11'04'West,305.21 feet; North 0002817' East,50.16 feet; thence leaning said exterior boundary line, South 89`28'fl1" East,305.22 feet to the REAL POINT OF BEGINNING. Containing 0.326 acres,more or less. End of Description. N- LAND S ENSt 1 779 X Iz4z- � 00. OF k P q McC� � Page IofI Page 21 Scale: 1"=20V 0 50 100 200 400 Basis Of Bearings i� w S88-35'29"W 2404.77- ......... Of E. Fairview Ave. Sl S$• ..,.. 599'11 U4"w 629.99 •''1�4 S fi 512 57 --_-- Section ---��— S7 line 3 kiH n u3 M C N a I I la Real Point 58fD,9'28'O7"E 305.22' of Beginning �� I � 32B Acres � 59911'64"W 305.21, — i I I I Ln r� Ln w 2 Line Table E. Gruber Ave. I Line Searing Length 0 SOO.35'1 ZW 42.9t3' L2 NOD-28'17"E 50.16' I I I 1 I E. Badley Ave. ——— 1pt�4+k L NO 4�Gt N g 1 779 •�c.e.o I,f1l and i�r:xi ni\e.gy.-xw+• �-c le R_no r..a� 3/zln7 s�.o-r PrA Jah No- IDAHO Exhibit for 21-21+ SURVEY Mssn EMEIWo4 R-40 Zone Sheet No- B41Sk,IUAHO�170 i PCOME;WC GROUP, LLC Located in the NE1/4 of the NW/4 of Section 7, owv. Cuis T-31N., R.1E., B.M., My of Merldian, Ada County, Idtiho- 9/2/2022 Page 22 Description for C-G Zone September 2, 2022 A parcel of land located in the Northeast 114 of the Northwest 114 of Section 7, Township 3 North, Range I East of the Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1 E., B.M., from which the Section corner common to Sections 1 and 12, T.3N., R.1 W., B.M., and said Sections 6 and 7 bears South B803529" West, 2,404.77 feet; thence on the centerline of E. Fairview Avenue, South 8V11'04' West, 935.83 feet to the exterior boundary line of the City of Meridian C-G Zone and the MEAL POINT OF BEGINNING; thence on said exterior boundary line, South 00°28'17" West, 259.92 feet: thence leaving said exterior boundary line, North 89'28'01" West, 9 0.00 feet to the centerline of NE 3rd Street; thence an said centerline, North 00°28'17' East, 257.80 feet to centerline of E. Fairview Avenue; thence on said centerline, North 89'11'04" East, 90.02 feet to the REAL POINT OF BEGINNING. Containing 0.535 acres, more or less. End of Description. NO h s� Apr OF 4� q Page 1 of 1 Page 23 Sea€e: 1n{200' 0 50 t00 200 400 Sosis of 8earir€gs _ w 588'35'29"W 2404.77' ............... . . . . E. Fairview Ave. a (if ( _!_ 9'11'04"W 935.$3' _ 14r1k 56 51 56 L2 58 heal Paint _ 57 S12 57 elion�kw g of Beginning f - k t line C, m a C-j kn aN Z a a J + N m I I L1 En I I En °C Line Fable Ir i Line Bearing Length • I E. Gruber Ave, L1 N89'28'01"WW 90,00' L2 N8911WE 90.02' I {I I I II I r —E. Bod€ey Ave. -— - - ` N,, LAND � 410,1GN� Cr _ 4 11779 74 � �O� rE O F l9�dz �4t p, 3 kc c. aaeW—1 rpe c-c e.a� 9/7p21vz 4 M]s IDAHO Exhibit for 216 21 SURVEQQ �/ DHSSW.Ey1ERAl1}ST [�`—V UC1e Sheet 4", Y 9018E�ILUM�93704 GROUP, LLC located In th. NE1/4 of the Nw1/4 of Seotion 7, cwg- Pot. T.3N., R.1E., 9.M., CIly of 1d idion, Ada County, Idaho- 9/2/2022 Page 24 B. Preliminary Plat(dated: 4/7/2023) - 1 'PRELIMINARY DEVELOPMENT FEATURES LRLI,. �.�g — B ioiss�.r wrtx:e a o.OiuEerm .o.asw.merc _ a x� iA��4� I �•�cx� �eR 1r�L g" JLR o PROJECT LOCATION —e LEGEND P I i xano sEcnow PBUAIEBABE C017ABES SUBBlVISfBB rxruarxaervurear %ANPIIl EEtlRA4T lV1HWfR r SHFEf1OF1 Page 25 C. Landscape Plan(date: 4/7/2023) _ L 4 AiIe,�=oA� ICI s. ,I f T. II PROMENADE COMITES SUROIEISlOA ��' �® '" ort uxoscaxvux PLANT PALLETT-94I1469 LANDSCAPE NOTES LAND-',GAPE CALCULATIGN& ISOMETRIC VIEW PLANT Ill-TREES ID o 6•LmAI!cWLE DETAIL DEVEI..OPMENT DATA' ruc. --T- a_ a PRUAMRARECUTEARESSUM MIU 1R�PLNIIMGlBTAKMG �41"IEL PLPNRJG ��'" ��. PLV COIEI TEAM Page 26 D. Site Plan(dated: 4/7/2023) PRELIMINARY DEVELOPMENT FEATURES c NOTES. B �nE inw�nx.,omm MULTIFAMILY COTTAGES �I LEGEND PROJECT LOCATION WJ ..E W.a. .. O .._...:-.. _E — o�a�K �wa.aF.cm�nrwxxo ° "E " mxufrex PROMENADE COTTAGES SUBDIVISWN SUEPLANAW wa�anr�n •TeM,..,, Page 27 E. Open Space Exhibit(dated: 4/7/23) E,srso sr ———— e A. cap E nrv„E s —0-S MIVE PHASE! { PHASE3 R-40 f-S GG S rHuuaas ori� ,_' IIIIL�JjI COTTAGES OPEN SPACE CALCS TOTAL AREA=32.72 AC LEGEND' QUALIFYING OPEN SPACE=3.69 AC(25.4%) MULTIFAMILY OPEN SPACE CALS TOTAL AREA=t3.13 AC QUALIFYING OPEN SPACE=t.94 AC(30.03%) COMMERCIAL OPEN SPACE CALCS w.�wx PROMENADE CUiTASE$SUBOlVUrYUN TOTAL AREA=t1.78 AC aR n VUSPACE PI A OPEN SPACE(NO REQUIREMENTS)=f25 AC(14.04%) �TEN.�!,..,. Page 28 F. Parking Exhibit(dated: 4/7/2023) PARKING FEATURES RESERVED PARKING ! I II I I II COLONNADE DRIVE _ COTTAGES L—_J L__ _J PH [ [ [ — R-4040 rc d ❑ a ,6, o _ PROJECT LOCATION - II 9 I I 11 I ALAMFDA DRIVE xww.T f [ I I I I I � - [ ViciwrvonaP -COTTAGES ® s V aawu �� awuEron Po PMOMEMAOEEOTTAME$SUMOMMOM a`"`^'m nurwuear�er •TEAM.... Page 29 G. Conceptual Building Elevations Cottages: - �r's'a�r"�P41p.•,''Ei 1 It R,"s�p�� II fps - r ICI ma' 0-M� JAI� CompoSI west elevation Y mnn Composite Noslh ElevWion ll Composite South Elevolion �._slich t@f k - L Meln.-Lr HOUSING fir Imo' WhM,C1I dSubdWI,I- woe wee woe eeo coe Compmlle Elevvlbns SUD3 Composte East ElevaXon n „„ P-1/P-3 SOUTH(1 P-10-3 EAST(1 $I7_ L � { slgchtes� ®® M ®® ®® Mum PMULv HOUSING ®® �'rvhf CI0.d SUbdMston Elevallons Hnlh P•1/P•] P•1/P•3 NOMTX 3 _ P•1/P.3WM �A3.02 Page 30 ®® ©©� ®® ©©® ®® ®®® P•2 SOUTH q P•2 EAST/2, _- shchtes� e� � I�IIh��1�yy]�tI O i MULTI-F-Y HOUSING Mile Cloud Subdivhlon ElevaXons P-2 P-2-NORTH� P-]WESf/, LJ lsms �A3.03 P-4/P-5 SOUTH 4 P•4/P•5 FASi 2 , shchterl �® ®� `. MurnaAMlLr xousExG ®® Whr.Cloud Subdhlslen EL ElevaXons P.4/P-S P-4/P-5 NORTX(mil P-4/P-5 WEST�1 15-003 A3.04 Page 31 fFF91LF N01FS; -- LI - ��' i � ©6 �. l L � P-6 SOUTH P-6 EAST oo� III I III �®� �Mum-raMfFT xolmPfc ®®® WhU Cloutl SubtlNlslon ElevaSons P-d P•6 NOPTH/1 P•6 WEST/1 13-0L3 A3.03 P-4/P-3 PAST zA - S sllchterl or l moo Mum--LYHOD— ®®® ®®� =CloutlSubdWld- ElcvaHons P�/P•4 P-4/P-3 NORTH 3 P-4/P-3WEST n KA3.06 Page 32 ®® U ® ®® EL P-1/P•4 SOUTH �� P•1/P.4 EAST 8 �t a f sllvn, � pow 000 000 -®®® ®®® �MULIIAAAULY HOULNG ®®®' ®®® �1YhRa Cloud SebdMslon ElevaAons P-1/P-4 P-1/P-4 NORTX n P-104WEST�nl � �A3.07 Floor Plans: https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=274096&dbid=0&repo=MeridianC hty Page 33 Apartments(18-plex): REAR ELEVATION �. G- 7- - FRONT ELEVATION I _ - SIDE ELEVATION UNIT 2x2-1 UNIT 1 x 1-1 UNIT ix1-2 UNIT 2x1-1 UNIT x1-2 UNIT2x1-2 FF --1 ELM GROVE APARTMENTS Page 34 Clubhouse: 'NISI ELEVAHON 50UEH L-LEVp310N .: cif..," .. .. .,i�. ra SO'#' OCNCRETE WALK IVALIS ■ I I I I I I I I I ry I:C.,..L t� f , I I ■ I � I I I I I I I I ' I POOL ENTRY) I C FF. 411ITrE ■ 7•k J I 707 I L————————————————————————————J Page 35 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Rezone 1.1 A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the site plan, landscape plan,phasing plan and building elevations included in Section VIII and the provisions contained herein. b. The final plat application for the second phase of development shall not be submitted to the Planning Division for a minimum period of four(4)years from the date of approval of the preliminary plat to allow residents ample time to find other housing prior to redevelopment of the site. c. All access via E. Fairview Ave. for the subject property shall cease upon redevelopment of the commercial portion of the property and sole access shall be taken via NE 3rd St.,the lesser classification of the two streets, in accord with UDC 11-3A-3 and ACHD Policy. d. With the first phase of development,the developer shall street section for NE 3rd St. between Badley and Gruber to be constructed with the first phase of development: e. With the first phase of development,the Developer shall construct NE 3rd St.between E. Badley Ave. and E. Gruber Ave. as a complete street section(from west to east abutting the site), as follows: 4-foot wide buffer, 10-foot wide sidewalk/pathway, 8- foot wide parkway, 2-foot wide curb,two (2) 13-foot wide travel lanes,2-foot wide curb, 8-foot wide parkway, 5-foot wide sidewalk and 1-foot wide buffer within 66- feet of right-of-way. f. With the second phase of development,the Developer shall reconstruct NE 3rd St. between E. Gruber Ave. and E. Fairview Ave., as half of a 40-foot wide street section with an 11-foot wide travel lane, an 8-foot wide planter strip and 5-foot wide concrete sidewalk abutting the site. g. The existing nonconforming parking and landscaping in the commercial portion of the development and the mobile home park in the R-40 zoning district,is allowed to remain until redevelopment of the site in accord with the phasing plan as approved with the conditional use permit for extension of these nonconforming uses. h. Depict pedestrian connections between the single-family,multi-family and commercial portions of the development. All pathways should comply with the standards in UDC 11-3A-8. Page 36 2. Preliminary Plat 2.1 The final plat(s) shall include the following revisions: a. Depict a 25-foot wide street buffer along E. Fairview Ave., an arterial street, and a 20-foot wide street buffer along NE 3'St.,to be improved as a collector street, within a common lot or on a permanent dedicated buffer easement,maintained by the property owner,homeowner's association or business owners' association,per UDC 11-3B-7C 2a. b. Remove the western-most driveway access driveway via E. Fairview Ave. on the commercial portion of the property as it does not meet ACHD policy. c. Remove one of the two driveway accesses via E. Fairview Ave. in front of the existing multi-tenant building in accord with UDC 11-3A-3,unless otherwise waived by City Council. d. Combine the two (2)northern access driveways via NE 3'St. and align the driveway with the driveway on the west side of NW 3'St. e. A cross-access/ingress-egress easement shall be provided between the single-family, multi-family and commercial lots via a note on the final plat or a separate recorded agreement in accord with UDC 11-3A-3. f. Delineate the privates from parking areas on the common lot. 2.2 The landscape plan included in Section VII.0 shall be revised as follows: a. Depict a 25-foot wide street buffer along E. Fairview Ave., an arterial street, and a 20-foot wide street buffer along NE 3'St.,to be improved as a collector street,with landscaping in accord with the standards listed in UDC 11-3B-7C. b. Landscaping is required adjacent to all pathways within the site in accord with the standards listed in UDC 11-3B-12C. c. Mitigation information should be included on the landscape plan for all existing trees that are being removed with development in accord with the standards listed in UDC 11-3B-IOC 5. d. Depict a minimum 5-foot wide detached sidewalk with an 8-foot wide parkway along the east side of NW 3'Street in accord with the Downtown Meridian Street Cross- Section Master Plan(see pg. 4-11). e. Depict a 10-foot wide detached sidewalk/pathway along E. Fairview Ave. within the street buffer if not constructed by ACHD with the Fairview Ave. road widening project. 2.3 Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district and UDC Table 11-2B-3 for the C-G zoning district. 2.4 All private streets within the development shall comply with the design and construction standards listed in UDC 11-3F-4. 2.5 Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. Alternative Compliance was approved for Lots 2, 5,9, 11, 12, 14, 19, 22,24,26,28 to and 32,to allow the parking pads to be in alternate locations as depicted on the parking exhibit in Section VIII.F instead of in front of the garages. Page 37 2.6 The Applicant shall comply with all ACHD conditions of approval. 2.7 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15,UDC 11-3B-6 and MCC 9-1-28. 2.8 Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 2.9 A Design Review application shall be submitted for approval of the single-family attached structures. Final design shall comply with the design standards in the Architectural Standards Manual. 2.10 The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. 3. Conditional Use Permit(multi-family development): 3.1 Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family Development and the dimensional standards listed in UDC Table 11-2A-8 is required. 3.2 The site/landscape plans submitted with the Certificate of Zoning Compliance shall be revised as follows: a. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street,or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. b. Depict the location of the property management office;maintenance storage area; central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access; and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. c. Depict landscaping along all the foundation of all street facing elevations in accord with the standards listed in UDC 11-4-3-27E. d. Depict landscaping along all pathways per the standards listed in UDC 11-3B-12C.A mix of trees, shrubs, lawn and/or other vegetative ground cover with a minimum of one(1) tree per 100 linear feet of pathway. e. Depict a minimum of 176 off-street parking spaces as proposed with at least 90 of those being in a covered carport or garage per UDC Table 11-3C-6. f. Depict a minimum of 7 bicycle parking spaces(based on 176 vehicle parking spaces proposed)per the standards listed in UDC 11-3C-6G;bicycle parking facilities shall comply with the standards listed in UDC 11-3C-5C. Bike racks should be provided in central locations for each multi-family building and the amenity building. g. Pathways should be provided to the central common open space area for pedestrian access in accord with UDC 11-4-3-27C.2b. h. Depict an additional site amenity from the multi-modal category listed in UDC 11-4- 3-27D.Id in accord with UDC I1-4-3-27D.2c. Page 38 i. Depict minimum 7-foot wide sidewalks where parking abuts sidewalks if wheel stops aren't proposed to prevent vehicle overhang in accord with UDC 11-3C-5B4; if 7- foot sidewalks are proposed,the length of the stall may be reduced to 17 feet. j. Depict a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access,along NE 3rd St. in accord with UDC 11-4-3-27C.7. 3.3 No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area as set forth in UDC 11-4-3-27B.5. 3.4 Submit a floor plan(s)for the multi-family structures that depict a minimum of 80 square feet of private,usable open space for each unit in accord with UDC 11-4-3-2 7B.3. 3.5 All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F. A recorded copy of the document shall be submitted prior to issuance of the first Certificate of Occupancy for the development. 3.6 A Certificate of Zoning Compliance and Design Review application shall be submitted for approval of the multi-family development to ensure compliance with UDC standards and development provisions associated with this application. Final design of all structures must comply with the design standards in the Architectural Standards Manual. 3.7 The conditional use permit shall be valid for a maximum period of two(2)years unless otherwise approved by the city. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground. Upon written request and filing by the applicant prior to the termination of the period in accord with subsection(F)(1) of this section,the director may authorize a single extension of time to commence the use not to exceed one(1)two-year period. Additional time extensions up to two(2)years as determined and approved by the commission may be granted. With all extensions,the director or commission may require the conditional use comply with the current provisions of this chapter. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Ensure no sewer services cross infiltration trenches. 1.2 End of line requires a minimum of 0.6% slope. 1.3 Minimum angle into/out of a manhole in the direction of flow is 90 degrees. This is not met for tie in from the apartments to NE 3rd St. 1.4 Water or sewer mains requires a 20'easement with main centered in the middle. Sewer and water in parallel require a 30'easement with 10'separation between mains and edge of pavement. Sewer crossing the common lot as well as within the apartments do not meet these requirements. 1.5 Provide 20'easements for water services up to water meters and 10'beyond. 1.6 Provide 20'easements for fire hydrant laterals and 10'beyond. Page 39 1.7 Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences,infiltration trenches, light poles, etc.) are built within the utility easement. 1.8 Water main stubs to future phases must have a blow-off 1.9 Provide a water valve halfway through the apartment loop. 1.10 A portion of this project is within the Meridian Floodplain Overlay District. A floodplain development permit is required before land disturbance begins. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. The lowest finished floor of the buildings must be elevated to flood protection levels with BFE and lowest finished floor noted on final grading plans. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement (marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(UDC 11-313-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing Page 40 whether there are any existing wells in the development, and if so,how they will continue to be used,or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.11 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.15 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.17 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.18 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.19 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.20 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an Page 41 irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=2 74173&dbid=0&repo=MeridianC hty D. POLICE DEPARTMENT https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=274178&dbid=0&repo=MeridianC i &Cr=1 E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=277899&dbid=0&repo=MeridianC ky F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=276640&dbid=0&repo=MeridianC i &cr=1 https:llweblink.meridiancity.orgj ebLink1DocView.aspx?id=285893&dbid=0&repo=MeridianC Lty G. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancity.orgj ebLink1DocView.aspx?id=282985&dbid=0&repo=MeridianC ky https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=278368&dbid=0&repo=MeridianC hty H. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridiancioy.org/WebLink/DocView.aspx?id=279665&dbid=0&repo=MeridianC hty I. COMMUNITY DEVELOPMENT DEPARTMENT—SCHOOL IMPACT https:llweblink.meridiancity.orglWebLink/DocView.aspx?id=278904&dbid=0&repo=MeridianC hty J. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.otglWebLinkIDocView.aspx?id=283103&dbid=0&repo=MeridianC i &cr=1 Page 42 K. ADA COUNTY HIGHWAY DISTRICT(ACHD) hllps://weblink.meridiancity.org/WebLink/DocView.aspx?id=2 85917&dbid=0&repo=MeridianCi ty https://weblink.meridianciiy.org/WebLink/DocView.aspx?id=274103&dbid=0&repo=MeridianCi ty L. PARK'S DEPARTMENT https:llweblink.meridiancity.orzlWebLinkIDocView.aspx?id=293798&dbid=0&r fpo=MeridianC X. FINDINGS A. Rezone: Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Director finds the proposed zoning map amendment to R-40 and C-G and subsequent development is generally consistent with the Comprehensive Plan and the underlying FLUM designations of Commercial and High-Density Residential. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Director finds the proposed map amendment will alleviate the existing nonconforming use of the commercial retail use in the R-8 zoning district and allow for a range of housing opportunities consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Director finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Director finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable) is in the best interest of city. This finding is not applicable as the application is for a rezone, not annexation. B. Preliminary Plat: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Director finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity Page 43 with the condition in this report. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Director finds that public services will be provided to the subject property with development. (See Section IX of the StaffReport for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Director finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Director finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc) in Section IX. 5. The development will not be detrimental to the public health, safety or general welfare; and, The Director is not aware of any health, safety, or environmental issues associated with the platting of this property that would be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. The Director is unaware of any significant natural,scenic or historic features that exist on this site that require preserving. C. Conditional Use Permit(multi-family development): The city council shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Director finds the site is large enough to accommodate the development of 90 apartment units and meet all of the dimensional and development regulations of the R-40 zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Director finds the proposed multi family development will be harmonious with the Comprehensive Plan and in accord with the standards in the UDC. 3. That the design,construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Director finds the design, construction, operation and maintenance of the proposed multi family development will be compatible with other uses in the general neighborhood and should not adversely change the essential character of the same area, if all conditions of Page 44 approval are met. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Director finds the proposed use, if it complies with all conditions of approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection,drainage structures,refuse disposal,water,and sewer. The Director finds the proposed use will be adequately served by essential public facilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Because all public facilities and services are readily available, the Director finds that the proposed use will not be detrimental to the economic welfare of the community or create excessive additional costs for public facilities and services. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. Although traffic will increase in the vicinity with approval of the proposed multi family development, the Director finds it shouldn't be excessive or detrimental to any persons, property or the general welfare. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance.(Ord.05-1170,8-30- 2005,eff. 9-15-2005) The Director finds approval of the proposed use shouldn't result in the destruction, loss or dame of any such features D. Conditional Use Permit(single-family dwellings in R-40 district): The city council shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Director finds the site is large enough to accommodate the proposed use and meet all of the dimensional and development regulations of the R-40 zoning district except for the off- street parking standards, of which the Applicant requests approval of alternative compliance (see Section VI.D). 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Director finds the proposed use (i.e. single-family dwellings)will be harmonious with the Comprehensive Plan in it they will provide a transition in density and uses to the proposed multi family development and complies with UDC standards with approval of a conditional use permit. Page 45 3. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Director finds the design, construction, and proposed operation and maintenance of the single-family dwellings will be compatible with other such uses in the neighborhood to the west and south and should not adversely change the essential character of the same area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Director finds the proposed use will not adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets, schools,parks,police and fire protection,drainage structures,refuse disposal,water,and sewer. The Director finds the proposed use will be adequately served by essential public facilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Director finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. Although traffic will increase in the vicinity with approval of the proposed residential units, the Director finds it shouldn't be excessive or detrimental to any persons,property or the general welfare. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance.(Ord.05-1170,8-30- 2005,eff. 9-15-2005) The Director finds approval of the proposed use shouldn't result in the destruction, loss or dame of any such features. E. Conditional Use Permit(nonconforming use): The city council shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Director finds this finding does not apply to the proposed extension of the nonconforming uses. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Director finds this finding does not apply to the extension of the nonconforming uses as the proposed uses do not comply with certain UDC standards, thus the reason for the Page 46 request. 3. That the design,construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Director finds the extension of the nonconforming uses is compatible with other uses in the general neighborhood that are yet to redevelop and comply with current UDC standards and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Director finds the extension of the nonconforming uses will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection,drainage structures,refuse disposal,water,and sewer. The Director finds the extension of the nonconforming uses will continue to be adequately served by the facilities and services noted. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Director finds the extension of the nonconforming uses will not be detrimental to the economic welfare of the community or create excessive additional costs for public facilities and services. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. The Director finds the extension of the proposed nonconforming uses will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons,property or the general we fare as noted. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance.(Ord. 05-1170,8-30- 2005,eff. 9-15-2005) The Director finds the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and The Director finds the proposed extension of the nonconforming uses do not encourage or set a precedent for additional nonconforming uses within the area. b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. The Director finds the proposed extension of nonconforming uses are comparable to Page 47 adjacent properties in the area that are yet to redevelop. F. Private Street: In order to approve the application,the Director shall find the following: 1. The design of the private street meets the requirements of this Article; The Director finds the design of the proposed private streets complies with the standards listed in UDC 11-3F-4. See analysis in Section VI.B for more information. 2. Granting approval of the private street would not cause damage hazard,or nuisance,or other detriment to persons,property,or uses in the vicinity; and The Director finds that granting approval of the proposed private streets would not cause any hazard, nuisance or other detriment to persons,property or uses in the vicinity if the streets are designed as proposed and constructed in accord with the standards listed in UDC 11-3F- 4B. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The Director finds the use and location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan as they are proposed to connect to local(E. Badley Ave) and collector(NE 3Yd St)streets consistent with private street standards. 4. The proposed residential development(if applicable)is a mew or gated development. The Director finds the proposed residential development incorporates a mew in the site design as desired. G. Alternative Compliance: In order to grant approval for an alternative compliance application,the Director shall determine the following: 1. Strict adherence or application of the requirements are not feasible; or The Director finds with the proposed site design, strict adherence or application of the requirements is not feasible; however; revisions to the site plan could be made to comply. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed alternative means of compliance provides an equal means for meeting requirement. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Director finds the proposed alternative means of compliance to the parking standards will not be materially detrimental to the public welfare of impair the intended use and character of surrounding properties. Page 48 E IDIAN;--- Applicant Presentation Application Request Street we can comply with all agency conditions.rd With the exception of 315.or ACHD to purchase the additional ROW.Street but we request reimbursement for the west side and the City rd We can construct all of 314.CC&R’s along with an HOA will control the development and will be provided for each use.13.The existing loan on the property does not allow for modifying the income production. 12.Timing: three phases, cottages first, multifamily 4 years later, then the commercial11.8 and mobile home.-The applications will correct a nonconforming use for commercial in R10.and not construct the entire width rd We ask to comply with ACHD on 39.as requested.We will add the additional covered parking 8.Areas, and pathways.Amenities: club house and pool, bike lockers, dog park, tot lot, gazebos and plazas, garden 7.Utilities: all are available and we will be correcting the mobile home issues with that phase6.Road.Applications submitted: Rezone, Preliminary Plat, 3 CUP’s, Alternative Compliance, and a Private 5.40 and Commercial, the site complies.-Comp Plan calls for R4.)sp. Lower density for amenities and open(Density: Cottage (11/acre) Multifamily (28/acre)3.Existing uses are mobile homes and two commercial buildings with vacant land2.Residential Count: 30 cottage homes and 90 multifamily units, and 2 commercial on 7.64 acres.1. Preliminary Plat Map Site Plan Parking Requirements Landscape Plan Looking South 3Badley rd Looking South on 3 rd Cottage Building Cottage Building Cottage Building Cottage Paseo Cottage Alley Typical Fencing Around some buildings Typical Multifamily Building: Reviewed at DR In Closing: Please No ! W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Noodles and Company at Ten Mile (H-2022-0087) by Chipman Design Architecture, Inc., located at 3103 W. Milano Dr., near the northeast corner of N. Ten Mile Rd and W. McMillan Rd. Application Materials: https:Hbit.ly/H-2022-0087 A. Request: Conditional Use Permit for a new approximate 2,200 square foot quick serve restaurant with a drive-through, located within 300 feet of an existing drive-through facility, residential district and existing residence. PUBLIC HEARI-NG- SIG-N IN SHEET DATE: April 20, 2023 ITEM # ON AGENDA: 5 PROJECT NAME: Noodles and Company at Ten Mile (H-2022-0087) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 E IDIA 4 STAFF REPORT A H o COMMUNITY DEVELOPMENT DEPARTMENT HEARING 4/20/2023 Legend DATE: Project Location TO: Planning&Zoning Commission FROM: Stacy Hersh,Associate Planner o 208-884-5533 W SUBJECT: H-2022-0087 z� Noodles and Company at Ten Mile- H CUP Z LOCATION: 3103 W. Milano Drive,near the northeast L= -RD— corner of N. Ten Mile Road and W. W=MGMIL'LAN McMillan Road in the SW 1/4 of Section - 26, Township 4N, Range 1 W. I. PROJECT DESCRIPTION Conditional Use Permit request for a new approximate 2,515 square foot quick-serve restaurant with a drive-through located within 300 feet of an existing drive-through facility on 0.623 acres of land in the C-G zoning district. Alternative compliance is also requested to deviate from UDC 11-3B-8 (Parking lot landscaping), which requires a five-foot wide landscape buffer adjacent to the southern driveway (see analysis below). The Director has approved the alternative compliance request. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.623 acres Future Land Use Designation Commercial Existing Land Use Vacant/undeveloped Proposed Land Use(s) Restaurant with drive-through Current Zoning General Retail and Service Commercial District(C-G) Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date 10/21/2022 History(previous approvals) H-2019-0126(Ten Mile&McMillan MDA 2020-040967); PBA-2021-0007;H-2022-0011 (Ten Mile&McMillan MDA 202!1-040967). Page 1 A. Project Area Maps Future Land Use Map Aerial Map Legend Lege nd W 0 Project Location ElProject Location w a DIZ. ER€EI(S W RIYVI.P .. —-C EK BR`_ RE` MU-G Office,. w 9�1 WW.A1A ,.F �W MILANO DR = , r Z ) e �ZLLI W F_ Comme�C-ial 4`rt � :• Tt1Rl Z >Z' W MCMILLAN RD 1 t W=MCMIL°LAN RD Medium De' sit yf Low_Density' t i Residential Residential Zoning Map Planned Deve ment Map Legend oW 0 Legend W > W DITCH R-8 -- [�PF I 03 Project Location a a CREEK ST a = Project Location z 3a N * City Limits W DIVIDE 0 CREEK DR WR � L-O Planned Parcels -- a: J No DR - e -- Z W � ---; o W TURIN H C-G Z L'�Q_ ME ; m R-15 C'-C �® W MCMILL-AN RL UL ��•• R=4 R- R8 ®® - ® _ �® _ -8 C:N.< a�ar�rmru i,-11T III. APPLICANT INFORMATION A. Applicant: Daniel Tessarolo, Chipman Design Architecture, Inc.— 1350 E. Touhy Ave. First Floor East B. Owner: Kristin Karmazyn—520 Zang Street, Suite D Page 2 C. Representative: Dieter Pedroza, Chipman Design Architecture, 1350 E. Touhy Ave. First Floor East IV. NOTICING Planning&Zoning Posting Date Newspaper Notification 1/18/2023 Radius notification mailed to 1/12/2023 properties within 500 feet Site Posting Date 4/14/2023 Next Door posting 1/13/2023 V. STAFF ANALYSIS Comprehensive Plan: COMMERCIAL LAND USES This designation will provide a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, office uses, and appropriate public and quasi-public uses. Sample zoning include: C-N, C-C, and C-G. The subject site is one of multiple commercially zoned properties adjacent to the intersection of Ten Mile and McMillan Roads. Therefore, numerous commercial uses exist and are under construction with more to come as this area continues to develop. The proposed use of Noodles and Company with a drive-through is defined as a restaurant use as desired in the Commercial designated areas, as noted above. The proposed use, in conjunction with the already approved or constructed uses(dentist office, car wash,fuel facility, and bank), satisfy the general Commercial future land use designation for this area. Staff finds the proposed project is generally consistent with the Comprehensive Plan. SITE DESIGN AND CODE ANALYSIS The proposed drive-through is for a restaurant that is within 300-feet of an existing drive-through to the south(EICU Ten Mile Branch H-2022-0007) and residential use to the east(McMillan Independent Senior Living Facility) currently under construction(H-2020-0004),which requires Conditional Use Permit approval(CUP)per UDC Table 11-213-2. The proposed drive-through use is not a traditional drive-through but a"pick-up lane"for pre-made online orders and by phone only. Per the submitted narrative, the drive-through does not contain a menu board or speakers for traditional ordering, customers select a time at which their food will be available at the pick-up window allowing for a more efficient method for customers to pick up their food. Any change to the proposed use will require a modification to the CUP. Staff finds with the pick-up window located on the south side of the building, the drive aisle leading to the pick-up window has adequate space to accommodate any potential stacking that may possibly ensue without impeding into the common area shared by both Noodles and the Dentist office located north on the plan. Additionally, with the pick-up window located on the south side of the building, the escape lane commences at the southwest corner and does not look to negatively Page 3 impact the bank to the south. There are also a number of vehicular-dominated uses to the south (a vehicle washing facility and a fuel sales facility) but they did not require CUP approval as they are specific uses that are principally permitted in the C-G zoning district. However, the nature of the nearby uses are vehicle dominated similarly to that of a drive-through and staff has taken this into account when making its recommendation to the Commission. The proposed hours of operation will be Sunday—Saturday from 10:00 am to 10:00 pm. Business hours of operation within the C-G District shall be limited from 6:00 am to 11:00 pm when the property abuts a residential use or district. The property does directly abut property that is developing with a residential use;however,the proposed residential buildings are approximately 200-feet from the drive-through which should not impact residents living in the facility once construction is completed. Furthermore,the garages for the residential use (McMillan Senior Living Development) are located adjacent to the shared drive aisle along with a landscape buffer that provides additional screening and somewhat of a noise barrier from the drive-through. Therefore, Staff finds the proposed hours of operation should not negatively impact the adjacent residential use and complies with the established hours of operation for the district. The proposed use and development plan is in substantial conformance with the provisions in the existing Development Agreement(Inst. #2020-04096 _ Specific Use Standards: The proposed drive-through establishment is subject to the specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment. A site plan is required to be submitted that demonstrates safe pedestrian and vehicular access and circulation on the subject site and between adjacent properties.Staff recommends signage be installed ahead of the crossing warning drivers to watch out for pedestrians (south). At a minimum,the plan is required to demonstrate compliance with the following standards: Staffs analysis is in italics. 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles and the public right-of-way by patrons; The proposed drive-through has a one-way drive aisle that circles the proposed building and leads to the shared drive aisle and parking lot. The site plan depicts plenty of queuing for vehicles, which should be sufficient for the proposed use as a pick-up-only drive-through. 2)The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designed employee parking. The stacking lane is a separate lane from the circulation lanes needed for access and parking and allows plenty of space for vehicles to stack. 3)The stacking lane shall not be located within ten(10) feet of any residential district or existing residence; The stacking lane is not located within 10'of any residential district or residence. 4)Any stacking lane greater than one hundred(100)feet in length shall provide for an escape lane; and The stacking lane is over 100 feet in length so an escape lane is required and depicted on the site plan. 5)The site should be designed so that the drive-through is visible from a public street for surveillance purposes. Both the stacking lane and the drive-up window are visible from Ten Mile Road to the west and the private drive on the east. Staffs specific recommendations can be found in Section VIII.A2 &A3 below. Page 4 Restaurant: The proposed use of a restaurant is subject to the specific use standards listed in UDC 11-4-3-49. The proposed site plan appears to show compliance with all of the standards and will be further verified with the future Certificate of Zoning Compliance (CZC) application. Dimensional Standards: Future development should be consistent with the dimensional standards listed in UDC Table I1-2B-3 for the C-G zoning district. Access: One driveway access is proposed to the site via the shared east/west driveway along the east boundary of the site;this access is a shared access for all of the properties within this commercial subdivision that front on the abutting arterial streets (the senior living facility does not access this shared drive aisle). The shared access drive connects to both Ten Mile Road south of the subject site and also to Milano Drive north of the site. Parking: A minimum of one(1)parking space is required to be provided for every 250 square feet of gross floor area for restaurant uses. The proposed building is shown as 2,515 square feet requiring a minimum of 10 parking spaces—the submitted site plan shows 14 proposed parking spaces exceeding UDC minimums. The recorded Declaration of Easements, Covenants, Conditions and Restrictions for this development establish cross-parking and cross-access easements for lots within the development(Inst. 2021- 129579). This lot is proposed to share some drive aisles and parking areas with the lot directly to the north and south that is currently developed as a dentist office(Heartland Dental A-2021-0201) and a bank(EICU Ten Mile Branch H-2022-0007). Due to the existing agreement and easements, staff finds the parking is sufficient for the proposed use. A minimum of one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C. . Bicycle parking facilities shall support the bicycle upright by its frame and allow the owner to lock both the frame and front wheel with one (1) lock. A bike rack is labeled on the site plan and a detail of the design is included.Staff recommends providing a revised detail of the bike rack that meets the requirements above with the future Certificate if Zoning Compliance(CZC)Application. Pedestrian Walkways: A pedestrian walkway is depicted on the site plan from the arterial/perimeter sidewalk along N. Ten Mile Rd. to the main building entrance as required by UDC 11-3A-19B.4a. The pedestrian walkway should be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks where this pedestrian connection crosses the drive-through lane, consistent with UDC 11-3A-19B.4b. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-313-8C. Landscaping is depicted on the landscape plan in Section VII.B in planter islands within the parking area as required. In addition, a minimum 5-foot wide landscape buffer is required to be provided along the perimeter of the parking or other vehicular use areas as set forth in UDC 11-313-8C.1. The submitted landscape plan shows the required perimeter buffers along the north, east, and west boundaries. The Applicant is proposing a 2-foot perimeter landscape buffer along the drive aisle on the south side of the property line. Per UDC 11-3B-8C.1,this requirement may be reduced or waived at the determination of the Director where there is a shared driveway and/or recorded cross-parking agreement and easement with an adjacent property. Alternative Compliance(ALT) to the perimeter landscape buffer standards is requested due to the limitations of the narrow lot space. The Applicant has re-designed their site in an effort to retain the pick-up window and included the properties to the north to demonstrate how they integrate with Page 5 each other. In regards to the landscape buffer separation with the Bank, the Applicant is adding an additional 2-feet of landscaping on the Noodles side of the property line. This allows the drive aisle to remain 25 feet wide along the southern boundary to accommodate the required escape lane. The perimeter landscape buffer between Noodles and the Bank will result in a 10 foot wide buffer(8 feet on the Banks side, and 2-feet on the Noodles side) meeting the intent of the code. The Applicant is proposing additional shrubs in the landscape buffers along the north and west sides of the site. Based on the analysis, the Director is supportive of the request for ALT for the proposed 2 foot perimeter landscaper buffer along the southern boundary of the Noodles site. Street buffer landscaping,including a sidewalk, along N. Ten Mile Rd. was installed with development of the overall subdivision. The submitted landscape plans show this buffer remaining as it currently exists. Therefore,the submitted plans show compliance with this requirement. Mechanical Equipment: All mechanical equipment and outdoor service equipment should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. If mechanical equipment is proposed to be roof-mount,all equipment should be screened and out of view as noted above. Staff recommends that the Applicant work with Republic Services to establish an adequate quantity of trash and recycle bins(sharing with property to the north), to service this site prior to submittal of the CZC Application. Building Elevations: The Applicant submitted conceptual building elevations for the proposed restaurant with drive-through. The building elevations depict aluminum siding(dark national walnut/chaps in Dunn Edwards),EIFS smooth stucco finish with expansion joints (bungalow taupe/lonely road in Dunn Edwards), CMU brick(umber brown), stone/rock veneer(brownstone), and aluminum window system(medium bronze finish). The final design of the structure is required to comply with the design standards listed in the Architectural Standards Manual. Certificate of Zoning Compliance and Design Review: A Certificate of Zoning Compliance(CZC) and Administrative Design Review(DES) applications are required to be submitted for the proposed building prior to submittal of a building permit application to ensure consistency with the conditions in Section VIII and UDC standards. VI. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions included in Section VIII per the Findings in Section IX. The Director has approved the alternative compliance request. Page 6 VII. EXHIBITS A. Site Plan r o L I z I: N C) b I° I �, w 41,- i� 3ff �1 C3.1 m unno oni�. I m it,_I_ r j r J F ! I� ! I — — T — SIGNAGE Our i T eauuoe3KE xec�oEry is i � SfIEPW: KEt NOTES�• GENERAE NOTES Page 7 B. Landscape Plan(dated: 10/14/2022) MR9THRWION LANDSCAPE LEGEND Go" LANDSCAPE REQUIREMENTS mom_ CALLOUT LEGEND 0 u o 00=1 dz Co< PLANT SCHEDULE LU Z J1 LANDSCAPE PLAN NOTES IRRIGATION NOTES ��w� _ 45% iV1 7V.X.; s. ii, Vldi 1.111"N;............... Tfl.iu- .......... A W-11--%.��,.W...�.il-1.... 1111 YA T 24 il 11...'R m1ii.11. LANDSCAPE AREA PLANTING WVI Y41 V. VIT. fl, V� INY V..,-1.01T I.1-TV& LiTI:T.lv,iv FVYVY-V.Ir... .............. P i V.nrrP!!.V,A TIU.......... LANDSCAPE NOTM 8 po .............. a Z 0 Z< TOPSOIL NOTES awr-P <wm,4— cn:s 72 0 I MAI�!111.11 ...... C"LU H"N z Pill. V ii, iulv z vr., 1.�Y N "i,Tj 10� ViU.11 VVi�.VIL Mil.".,.......... W-11.V., 0V i iiVl !11 VU WEED ABATEMENT NOTE& i V1 i NVl �A-d-i I F�-.Ti WV; ....PiViYTT H ......................... AL....-Ni -VV1-:-1:1 P .L. X W.tWdll i i li I wil� F CONIFEROUSTREE PLANTINGN DETAIL L15 Page 8 C. Conceptual Building Elevations TEMPERED GLAZING REDS C/, C11SYl6114V - - ELEVATION GENERAL NOTES �mpw� EXTERIOR ELEVATION EAST 80 [2 flog @5 5314 gig I! _ 6 G EXTERIOR ELEVATION-NORTH az.aa TEMPERED GlA71NG REO'S C/■1 15'.SCP51u'V iif4.::iR"3OLt ELEVATION G ENERAL NOTES - I I PN6er iSN♦T ,..... � o PEA ❑ �.�� v�o .......� v ��.am... +tlmar FLS,r KEl'IYDTFS p u: EY:TERIOR ELEVATION-WEST uv DRIVE THRII WINDOW SECTION N,y DRIVETHRUSILLDETAIL B - c 0 I I IL I +KL ExTEIIIOR ELEVATION-SOUTH v.. A2.1a Page 9 VIII. City/agency comments & conditions B. PLANNING 1. Future development of this site shall comply with all previous approvals: AZ-03-005; PP-07- 022;FP-08-010;A-2019-0290(PBA, ROS#12081); PBA-2021-0007 (ROS#12991);H-2019- 0126 (MDA#2020-040967); H-2022-0011 (MDA#2022-088909). 2. The Conditional Use Permit for the proposed Drive-Through Establishment is hereby approved with the following conditions of approval: a. The subject approval is for a drive-through pick-up window only and does not include a menu board or outdoor speaker for ordering; any change(s)to the approved use shall be approved through a conditional use permit modification application. b. Additional signage is required throughout the site to efficiently and adequately direct patrons to throughout the site with minimal conflict. 3. The site plan submitted with the future Certificate of Zoning Compliance application shall be revised as follows: a. The walkway from the perimeter sidewalk along Ten Mile Road to the main building entrance shall be distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4b. b. Revise the site plan to include a revised detail of the bike rack that meets the requirements of 11-3C-5C with the future Certificate if Zoning Compliance (CZC) Application. c. Applicant shall work with Republic Services to establish an adequate quantity of trash and recycle bins to service this site prior to submittal of the CZC Application(site plan depicts sharing on-site trash with property to the north). d. All mechanical equipment on the back of the building and outdoor service and equipment areas should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. e. Depict signage ahead of each pedestrian crossing(s) in the drive-through lane(south) notifying drivers to watch out for pedestrians. 4. The landscape plan submitted with the future Certificate of Zoning Compliance application shall be revised as follows: a. The walkway from the perimeter sidewalk along Ten Mile Road to the main building entrance shall be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4b. b. Ensure compliance with UDC 11-3B-5 for all landscaped areas and comply with the parking lot landscaping standards in accord with UDC 11-3B-8C. c. Existing landscaping shall be protected during construction in accord with UDC 11-3B- 10C.3. 5. Comply with the standards listed in UDC 11-4-3-11—Drive-Through Establishment is required. 6. The Director has approved the Alternative Compliance Request to the parking lot landscaping buffer requirements in UDC 11-3B-8C. Page 10 7. Comply with the standards listed in UDC 11-4-3-49—Restaurant is required. 8. Business hours of operation within the C-G District shall be limited from 6:00 am to 11:00 pm when the property abuts a residential use or district. 9. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structure shall comply with the standards listed in UDC 11-3A-19;the design standards listed in the Architectural Standards Manual and with the Development Agreement. 10. The conditional use permit is valid for a maximum period of two (2)years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-513-617. C. PUBLIC WORKS 1. Flow is committed. 2. Ensure no sewer services pass through infiltration trenches. 3. There is an existing service line and meter to the property. If this is not used it must be abandoned per city requirements. 4. No changes to public water infrastructure in record.Any changes must be approved by public works. D. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=2 74619&dbid=0&repo=MeridianC Lty- F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=28 7225&dbid=0&repo=MeridianC i &cr=1 G. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=286087&dbid=0&repo=MeridianC i &cr=1 IX. FINDINGS A. Conditional Use Findings (UDC 11-5B-6): The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Stafffinds the site is large enough to accommodate the proposed development and meet all dimensional and development regulations of the C-G zoning district. Page 11 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Staff finds the proposed restaurant with drive-through lane will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section VIII of this report. 3. That the design,construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Stafffinds the design, construction, operation and maintenance of the proposed use will be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Staff finds the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section VIII of this report. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets, schools,parks,police and fire protection,drainage structures, refuse disposal,water, and sewer. Staff finds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes, materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. Staff finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction,loss or damage of a natural,scenic or historic feature considered to be of major importance. (Ord. 05-1170,8-30-2005, eff.9- 15-2005) Staff finds the proposed use will not result in the destruction, loss or damage of any such features. B. Alternative Compliance findings(Landscape buffers along streets UDC 11-3B-7): The Director has approved your request for alternative compliance to Unified Development Code (UDC) 11-3B-7 for the subject property,based on the required Findings listed in UDC 11-513-5E, as follows: 1. Strict adherence or application of the requirements are not feasible; or The Director finds that it is not feasible to meet the UDC requirement for the minimum 5-foot wide landscape buffer to be provided along the perimeter of the southern boundary next to the escape lane due to the to the limitations of the narrow lot space. Page 12 2. The alternative compliance provides an equal or superior means for meeting the requirements; and Per the analysis above in section VI.B, the Director finds the proposed alternatives will be equal to the code requirement due to the following: The perimeter landscape buffer between Noodles and the Bank will result in a 10 foot wide buffer(8 feet on the Banks side, and 2 feet on the Noodles side) meeting the intent of the code. The Applicant is proposing additional shrubs in the landscape buffers along the north and west sides of the site as well. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Director finds that the alternative means will not be materially detrimental to the public welfare or impair the intended use and/or character of surrounding commercial and residential properties if the proposed conditions of approval are maintained. Page 13